Case Study

Eviction for non-payment of rent · Brampton · LTB-L-037364-22

Ontario LTB order in Brampton · April 4, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 6, 2023

Order Issued: April 4, 2023

Termination Date: April 30, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-037364-22
Address: upper unit, 110 castlehill rd brampton on l6x4c4
Form Used: N4
Served By:
Amount Awarded: $39,997.74
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82, Section 83, Section 89

👥 Parties involved

Landlord: gangesh tewari and neeta tewari
Landlord Rep: Self Represented
Tenant: jemila c jones and wendy gray
Tenant Rep: Self Represented
Adjudicator: Heather Chapple
Keywords: eviction, non-payment of rent, persistent late payment, damage to property, interference with reasonable enjoyment, rent deposit, rent arrears

⚖️ Decision summary

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

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: The L1 Application: 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: • $39,997.74 if the payment is made on or before April 30, 2023. 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 30, 2023 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 30, 2023. 5. The total amount to be paid by the Tenant under paragraphs 2, 3 and 4 is capped at the Board’s monetary jurisdiction of $35,000.00. File Number: LTB-L-037364-22 Order Page: 9 of 11 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $32,637.39. 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. 7. The Tenant shall also pay the Landlord compensation of $85.48 per day for the use of the unit starting March 7, 2023 until the date the Tenant moves out of the unit. 8. If...

💡 Summary points

applied for an order requiring Jemila C Jones and Wendy Gray (the 'Tenant') to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex (‘L2’ Application) File Number: LTB-L-037364-22 Order Page: 2 of 11 This application was heard by videoconference on March 6, 2023.
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🧑‍⚖️ Same adjudicator

Heather Chapple

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