Case Study

Eviction for non-payment of rent · Hamilton · SOL-24553-21

Ontario LTB order in Hamilton · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 14, 2021

Order Issued: Not Available

Termination Date: January 15, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SOL-24553-21
Address: 204, 40 west avenue s, hamilton, on l8n2s1
Amount Awarded: $5,550.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Dms property management ltd
Landlord Rep: Self Represented
Tenant: Kafya jameel esmayl and Sabah tofik ibrahim
Tenant Rep: Self Represented
Adjudicator: Jitewa Edu
Keywords: eviction, non-payment of rent, rent deposit, set aside, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. Unless the Tenants void the order as set out below, the tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before January 15, 2022. 2. The Tenants shall pay to the Landlord $3,696.47*, which represents the amount of rent owing and compensation up to January 4, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. 3. The Tenants shall also pay to the Landlord $29.39 per day for compensation for the use of the unit starting January 5, 2022 to the date the Tenants move out of the unit. 4. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 5. If the Tenants do not pay the Landlord the full amount owing* on or before January 15, 2022, the Tenants will start to owe interest. This will be simple interest calculated from January 16, 2022 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before January 15, 2022, then starting January 16, 2022, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 January 16, 2022. 8. If, on or before January 15, 2022, the Tenants pay the amount of $5,550.00** to the Landlord or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be terminated and the Tenants could remain in the unit. If this payment is not made in full...

💡 Summary points

applied for an order to terminate the tenancy and evict Kafya Jameel Esmayl and Sabah Tofik Ibrahim (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on December 14, 2021.
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Jitewa Edu

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