Case Study

Eviction — Landlord own use · Windsor · LTB-L-022254-22

Ontario LTB order in Windsor · April 11, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 20, 2023

Order Issued: April 11, 2023

Termination Date: June 30, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-022254-22
Address: 1060 elm ave, windsor on n9a5h7
Form Used: N12
Amount Awarded: $6,438.00
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 48, Section 83

👥 Parties involved

Landlord: Emir pasalic
Landlord Rep: Self Represented
Tenant: Magda wojtyra and Marc ngui
Tenant Rep: Self Represented
Adjudicator: Curtis Begg
Keywords: eviction, landlord own use, rent deposit, maintenance and repairs, bad faith notice

⚖️ Decision summary

This Landlord application — Eviction — Landlord own use — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 30, 2023. 2. If the unit is not vacated on or before June 30, 2023, then starting July 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. File Number: LTB-L-022254-22 Order Page 6 of 6 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after July 1, 2023. 4. The Tenant shall pay to the Landlord $6,438.00, which represents compensation for the use of the unit from August 1, 2022 to January 20, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay the Landlord compensation of $35.28 per day for the use of the unit starting January 21, 2023 until the date the Tenant moves out of the unit. 6. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 8. If the Tenants do not pay the Landlord the full amount owing on or before April 22, 2023, the Tenants will start to owe interest. This will be simple interest calculated from April 23, 2023 at 6.00% annually on the balance outstanding. April 11, 2023 ____________________________ Date Issued Curtis Begg Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Magda Wojtyra and Marc Ngui (the 'Tenants') because: • the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on January 20, 2023.
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🧑‍⚖️ Same adjudicator

Curtis Begg

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