Case Study

Eviction for non-payment of rent · Toronto · TNL-33523-21

Ontario LTB order in Toronto · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: October 18, 2021

Order Issued: Not Available

Termination Date: December 4, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: TNL-33523-21
Address: 125 poyntz avenue, toronto on m2n1j3
Amount Awarded: $63,349.74
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Zohreh divani
Landlord Rep: Self Represented
Tenant: Matthew brown and Melanie beattie
Tenant Rep: Self Represented
Adjudicator: Greg Brocanier
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: 6. Unless the Tenant voids the order as set out below, the tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before December 4, 2021. 7. As of October 31, 2021, the Tenants shall pay to the Landlord $63,349.74*, which represents the amount of rent owing and compensation up to November 23, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. However, the Board is only authorized to order the Tenants to pay the maximum of its monetary jurisdiction of $35,000.00. Therefore, the Tenant shall pay to the Landlord the amount of $35,000.00. 8. The Tenants would normally be ordered to pay to the Landlord $262.85 per day for compensation for the use of the unit starting November 24, 2021 to the date the Tenants move out of the unit. Having exceeded the Board’s monetary jurisdiction of $35,000.00 this amount of daily compensation will therefore not be ordered. 9. The Tenants would ordinarily be asked to pay to the Landlord $186.00 for the cost of filing the application. Having exceeded the Board’s monetary jurisdiction of $35,000.00 the Tenants will not be ordered to pay the filing fee for the application. 10. If the Tenants do not pay the Landlord the full amount owing* on or before December 4, 2021, the Tenants will start to owe interest. This will be simple interest calculated from December 5, 2021 at 2.00% annually on the balance outstanding. 11. If the unit is not vacated on or before December 4, 2021, then starting December 5, 2021, the Landlord may file this order with th...

💡 Summary points

applied for an order to terminate the tenancy and evict Matthew Brown and Melanie Beattie (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on October 18, 2021.
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🧑‍⚖️ Same adjudicator

Greg Brocanier

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