Case Study

Eviction for non-payment of rent · Kitchener · HOL-11100-21

Ontario LTB order in Kitchener · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: September 9, 2021

Order Issued: Not Available

Termination Date: October 19, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: HOL-11100-21
Address: 442 rivertrail avenue, kitchener, on n2a 0k2
Amount Awarded: $12,586.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Nikitaben kataria and Sukhjinder kaur sandhu
Landlord Rep: Self Represented
Tenant: Kazzi rastagari and Joshua derozario
Tenant Rep: Self Represented
Adjudicator: Nicola Mulima
Keywords: eviction, non-payment of rent, rent deposit, set aside, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

📑 Findings & determinations

It is ordered that: 1. Unless the Tenants void the order as set out below, the tenancy between the Landlords and the Tenants is terminated. The Tenants must move out of the rental unit on or before October 19, 2021. 2. The Tenants shall pay to the Landlords $10,547.58*, which represents the amount of rent owing and compensation up to October 8, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. 3. The Tenants shall also pay to the Landlords $85.48 per day for compensation for the use of the unit starting October 9, 2021 to the date the Tenants move out of the unit. 4. The Tenants shall also pay to the Landlords $186.00 for the cost of filing the application. 5. If the Tenants do not pay the Landlords the full amount owing* on or before October 19, 2021, the Tenants will start to owe interest. This will be simple interest calculated from October 20, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before October 19, 2021, then starting October 20, 2021, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords, on or after October 20, 2021. 8. If, on or before October 19, 2021, the Tenants pay the amount of $12,586.00** to the Landlords or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be terminated and the Tenants could remain in the unit. If this payment is not mad...

💡 Summary points

applied for an order to terminate the tenancy and evict Kazzi Rastagari and Joshua Derozario (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on September 9, 2021.
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🧑‍⚖️ Same adjudicator

Nicola Mulima

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