Case Study

Eviction for non-payment of rent · Welland · LTB-L-073968-23

Ontario LTB order in Welland · April 18, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 13, 2024

Order Issued: April 18, 2024

Termination Date: April 29, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-073968-23
Address: 1-518 Lincoln St. Welland, ON L3B1S4
Form Used: N4
Served By:
Amount Awarded: $11,408.68
Decision In Favor:
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Kris marinuk and Scott hedden
Landlord Rep: Self Represented
Tenant: Samantha wilson-a dam and Dustin cluney
Tenant Rep: Self Represented
Adjudicator: Ken Audziss
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

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

⚠️ Dispute summary

📑 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: • $10,836.00 if the payment is made on or before April 29, 2024. 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 April 29, 2024, 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 April 29, 2024. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $6,248.40. 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 Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $58.36 per day for the use of the unit starting March 14, 2024, until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before April 29, 2024, the Tenant will start to owe interest. This will be simple interest calculated from April 30, 2024, at 7.00% annua...

💡 Summary points

applied for an order to terminate the tenancy and evict Samantha Wilson-A dam and Dustin Cluney (collectively the 'Tenant') because the Tenant did not pay the rent owed. This application was heard by videoconference on March 13, 2024.
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🧑‍⚖️ Same adjudicator

Ken Audziss

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