Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-032815-22

Ontario LTB order in Hamilton · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 19, 2023

Order Issued: Not Available

Termination Date: February 5, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-032815-22
Address: 2, 70 Glenburn Crt, Hamilton ON L8E1C9
Form Used: N4
Amount Awarded: $11,774.35
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Gumiero holdings inc
Landlord Rep: Self Represented
Tenant: Jacob mcintosh and Jason mcintosh and Kyle bishop
Tenant Rep: Self Represented
Adjudicator: Michael Di Salle
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 Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust:  $7,675.15 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR  $9,094.15 if the payment is made on or before February 5, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after February 5, 2023, but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before February 5, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $5,709.80. 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 Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $46.65 per day for the use of the unit starting January 20, 2023, until the date the Tenants moves out of the unit. 7. If the Tenants does not pay the Landlord the full amount owing o...

💡 Summary points

applied for an order to terminate the tenancy and evict Jacob McIntosh, Jason McIntosh and Kyle Bishop (the 'Tenants') because the Tenants did not pay the rent that the Tenant owe. This application was heard by videoconference on January 19, 2023.
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🧑‍⚖️ Same adjudicator

Michael Di Salle

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