Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-033107-22

Ontario LTB order in Hamilton · February 8, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 31, 2023

Order Issued: February 8, 2023

Termination Date: February 28, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-033107-22
Address: 108 Victoria Ave N Hamilton ON L8L5E5
Form Used: N4
Amount Awarded: $3,683.50
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Danijela vukovic and Milan sabioncello
Landlord Rep: Self Represented
Tenant: James taylor and Kimberley moore
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $3,683.50 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. 3. 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 February 28, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. 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 February 28, 2023 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $1,296.64. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $81.50 per day for compensation for the use of the unit starting February 1, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 19337 (CanLII) File Number: LTB-L-033107-22 Order Page: 3 of 4 6. If the Tenant does not pay the Landlord the full amount owing on or before February 19, 2023, the Tenant will start to owe interest. This will be simple interest...

💡 Summary points

applied for an order to terminate the tenancy and evict James Taylor and Kimberley Moore (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on January 31, 2023 at 09:00 am.
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🧑‍⚖️ Same adjudicator

Kelly Delaney

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