Case Study

Eviction — Landlord own use · Other · LTB-L-027169-23

Ontario LTB order in Other · February 2, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 8, 2024

Order Issued: February 2, 2024

Termination Date: April 30, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-027169-23
Address: Basement Unit 2 Rm 4, 69 Santamonica Blvd Scarborough ON M1L4H3
Form Used: N12
Served By:
Amount Awarded: $4,970.96
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 48, Section 83

👥 Parties involved

Landlord: Mayra Diaz
Landlord Rep: R. Bent
Tenant: Omar Raul Quintero Gonzalez
Tenant Rep: D. Cordaie attended the hearing
Adjudicator: Mayra Sawicki
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 April 30, 2024. 2. If the unit is not vacated on or before April 30, 2024, then starting May 1, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. File Number: LTB-L-027169-23 Order Page 7 of 7 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 May 1, 2024. 4. The Tenant shall pay to the Landlord $4,970.96, which represents compensation for the use of the unit from June 7, 2023 to January 8, 2024. 5. The Tenant shall also pay the Landlord compensation of $23.01 per day for the use of the unit starting January 9, 2024 until the date the Tenant moves out of the unit. 6. The Landlord owes $714.05 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. 7. The total amount the Tenant owes the Landlord is $4,256.91 (minus any rent paid for the period beginning June 7, 2023). 8. If the Tenant does not pay the Landlord the full amount owing on or before April 30, 2024, the Tenant will start to owe interest. This will be simple interest calculated from May 1, 2024 at 7.00% annually on the balance outstanding. February 2, 2024 ____________________________ Date Issued Mayra Sawicki 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 Omar Quintero (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 January 8, 2024.
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🧑‍⚖️ Same adjudicator

Mayra Sawicki

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Eviction — Landlord own use