Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-029057-22

Ontario LTB order in Hamilton · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 18, 2023

Order Issued: Not Available

Termination Date: February 19, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-029057-22
Address: 609, 11 Kendale Crt, Hamilton, ON L9C2T7
Form Used: N4
Amount Awarded: $14,217.68
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Kendale (11) div. landlord
Landlord Rep: Self Represented
Tenant: Sharam ataei malayer and Sogol ataei malayer
Tenant Rep: Self Represented
Adjudicator: Diane Wade
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:  $2,362.72 if the payment is made on or before February 19, 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after February 19, 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 Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before February 19, 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 $1,607.85. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $54.40 per day for compensation for the use of the unit starting January 19, 2023 until the date the Tenants move out of the unit. 6. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before February 19, 2023, then starting February 20, 2023, the Landlord may file this ord...

💡 Summary points

applied for an order to terminate the tenancy and evict Sharam Ataei Malayer and Sogol Ataei Malayer (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on January 18, 2023.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Diane Wade

📂 Related by application type

Eviction for non-payment of rent