Case Study

Eviction for non-payment of rent · Windsor · LTB-L-039913-22

Ontario LTB order in Windsor · February 28, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 17, 2023

Order Issued: February 28, 2023

Termination Date: March 11, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-039913-22
Address: 4562 unicorn ave, windsor on n9g3g6
Form Used: N4
Amount Awarded: $25,186.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Girija talasani and Vishnu talasani
Landlord Rep: Self Represented
Tenant: Brynn girard and Jonathan lawrence
Tenant Rep: Self Represented
Adjudicator: Heather Chapple
Keywords: eviction, non-payment of rent, damage to property, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The Landlord’s L2 application is dismissed as withdrawn. 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $22,686.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $25,186.00 if the payment is made on or before March 11, 2023. See Schedule 1 for the calculation of the amount owing. 4. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 11, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before March 11, 2023. 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $19,024.12. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $82.19 per day for the use of the unit starting February 18, 2023 until the date the Tenant moves out of the unit. 8. If the Tenant do...

💡 Summary points

applied for an order to terminate the tenancy and evict Brynn Girard and Jonathan Lawrence (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also applied for an order to terminate the tenancy and evict Brynn Girard and Jonathan Lawrence (the 'Tenant') because: • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on February 17, 2023.
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🧑‍⚖️ Same adjudicator

Heather Chapple

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