Case Study

Eviction — Interference with reasonable enjoyment · Welland · LTB-L-011468-22

Ontario LTB order in Welland · January 26, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: July 14, 2022

Order Issued: January 26, 2023

Termination Date: February 6, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-011468-22
Address: 1, 36 Welland, Welland ON L3B4E4
Form Used: N5
Amount Awarded: $1,214.56
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 88.2, Section 83

👥 Parties involved

Landlord: Pankaj dhir
Landlord Rep: Self Represented
Tenant: Keana buswa
Tenant Rep: Self Represented
Adjudicator: Jitewa Edu
Keywords: eviction, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 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 February 6, 2023. 2. If the unit is not vacated on or before February 6, 2023, then starting February 7, 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 February 7, 2023. 4. The Tenant shall pay to the Landlord $1,214.56, which represents the reasonable out- ofpocket expenses the Landlord has incurred or will incur as a result of the unpaid utility costs. 5. The Tenant shall also pay to the Landlord $201.00 for the cost of filing the application. 2023 ONLTB 16303 (CanLII) 6. If the Tenant does not pay the Landlord the full amount owing on or before February 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 7, 2023 at 5.00% annually on the balance outstanding. January 26, 2023 ____________________________ Date Issued Jitewa Edu 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 KEANA BUSWA (the 'Tenant') because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord applied for an order requiring the Tenant to pay the Landlord's reasonable out- ofpocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement. This application was heard by videoconference on July 14, 2022.
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🧑‍⚖️ Same adjudicator

Jitewa Edu

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