Case Study

Eviction — Landlord own use · Kitchener · LTB-L-005026-22

Ontario LTB order in Kitchener · November 30, 2022 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: August 22, 2022

Order Issued: November 30, 2022

Termination Date: February 28, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-005026-22
Address: upper, 53 broken oak cres kitchener on n2n 1n8
Form Used: N12
Served By:
Amount Awarded: $4,403.90
Decision In Favor: Landlord
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 48, Section 83

👥 Parties involved

Landlord: mitchell john gourlay-dahmer
Landlord Rep: Self Represented
Tenant: dustin ritz
Tenant Rep: Self Represented
Adjudicator: Greg Witt
Keywords: eviction, landlord own use, rent deposit, maintenance and repairs, bad faith notice

⚖️ 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 February 28, 2023. 2. If the unit is not vacated on or before February 28, 2023, then starting March 1, 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 March 1, 2023. 4. The Tenant shall pay to the Landlord $4,403.90, which represents compensation for the use of the unit from March 31, 2022 to August 22, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. Any rent payment made by the Tenant since March 31, 2022 must be applied to this amount. 5. The Tenant shall also pay the Landlord compensation of $39.45 per day for the use of the unit starting August 23, 2022 until the date the Tenant moves out of the unit. Any rent payment made by the Tenant since August 22, 2022 must be applied to this amount. 6. If the Tenant does not pay the Landlord the full amount owing on or before February 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 1, 2023 at 4.00% annually on the balance outstanding. November 30, 2022 ____________________________ Date Issued Greg Witt 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 Dustin Ritz (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 August 22, 2022 at 10:16 a.
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Greg Witt

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