Case Study

Eviction — Landlord own use · Other · LTB-L-057946-22

Ontario LTB order in Other · July 26, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: April 18, 2023

Order Issued: July 26, 2023

Termination Date: September 30, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-057946-22
Address: bsmt unit 1, 32 mackinac cres, scarborough on m1j1p9
Form Used: N12
Served By:
Amount Awarded: $2,497.34
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Surendra sapkota
Landlord Rep: Self Represented
Tenant: Pradeeson kanagaraja
Tenant Rep: Self Represented
Adjudicator: André-Paul Baillargeon-Smith
Keywords: eviction, landlord own use, rent deposit

⚖️ Decision summary

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

⚠️ Dispute summary

📑 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 September 30, 2023. 2. If the unit is not vacated on or before September 30, 2023, then starting October 1, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 October 1, 2023. 4. The Tenant shall pay to the Landlord $2,497.34, less any amounts already paid which represents compensation for the use of the unit from December 1, 2022 to April 18, 2023. 5. The Tenant shall also pay the Landlord compensation of $17.97 per day, less any amounts already paid for the use of the unit starting April 19, 2023 until the date the Tenant moves out of the unit. File Number: LTB-L-057946- 22 Order Page 4 of 4 6. The Landlord owes $450.43 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant. 7. If the Tenant does not pay the Landlord the full amount owing on or before September 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from October 1, 2023 at 6.00% annually on the balance outstanding. July 26, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith 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 Pradeeson Kanagaraja (the 'Tenant') 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 Tenant remained in the unit after the termination date. This application was heard by videoconference on April 18, 2023.
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🧑‍⚖️ Same adjudicator

André-Paul Baillargeon-Smith

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Eviction — Landlord own use