Case Study

Eviction — Landlord own use · Other · LTB-L-000386-23

Ontario LTB order in Other · December 6, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: November 30, 2023

Order Issued: December 6, 2023

Termination Date: December 24, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-000386-23
Address: Basement Room, 53 Bartley Dr North York ON M4A2V7
Form Used: N12
Served By:
Amount Awarded: $5,710.03
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Soonhee Hwang
Landlord Rep: Self Represented
Tenant: Paul Chang
Tenant Rep: Self Represented
Adjudicator: Bryan Delorenzi
Keywords: eviction, landlord own use, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Landlord own use — was granted.

⚠️ Dispute summary

📑 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 December 24, 2023. 2. If the unit is not vacated on or before December 24, 2023, then starting December 25, 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 December 25, 2023. 4. The Tenant shall pay to the Landlord $5,710.03, which represents compensation for the use of the unit from January 1, 2023, to November 30, 2023, less any money already paid. 5. The Tenant shall also pay the Landlord compensation of $17.10 per day for the use of the unit starting December 1, 2023, until the date the Tenant moves out of the unit. 6. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 7. The Landlord owes $522.99 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant. 8. The total amount the Tenant owes the Landlord is $5,373.04, less any money already paid. 9. If the Tenant does not pay the Landlord the full amount owing on or before December 24, 2023, the Tenant will start to owe interest. This will be simple interest calculated from December 25, 2023, at 7.00% annually on the balance outstanding. File Number:LTB-L-000386-23 Order Page3of3 December 6, 2023 ____________________________ Date Issued Bryan Delorenzi Member...

💡 Summary points

applied for an order to terminate the tenancy and evict Paul Chang (the 'Tenant') because: the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on November 30, 2023.
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🧑‍⚖️ Same adjudicator

Bryan Delorenzi

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Eviction — Landlord own use