Case Study

Eviction — Landlord own use · Other · LTB-L-052247-22

Ontario LTB order in Other · May 3, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: April 4, 2023

Order Issued: May 3, 2023

Termination Date: June 30, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-052247-22
Address: 2 ground floor apt north entrance, 135 king hills lane king city on l7b1a3
Form Used: N12
Served By:
Amount Awarded: $19.73
Decision In Favor: Tenant
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: brad abernethy
Landlord Rep: Self Represented
Tenant: joan jennifer clarke
Tenant Rep: Self Represented
Adjudicator: Amanda Kovats
Keywords: eviction, landlord own use, rent deposit

⚖️ Decision summary

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

⚠️ 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 June 30, 2023. 2. If the unit is not vacated on or before June 30, then starting July 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 July 1, 2023. 4. The Tenant shall pay $19.73 per day for compensation for the use of the unit starting April 5, 2023 to the date the Tenant moves out of the unit (minus any rent payments already made for that period). 5. The Landlord shall apply the last month’s rent deposit to the last month of the tenancy and pay the Tenant $8.88 in interest for the period from September 1, 2022 to April 4, 2023. 6. On or before June 30, 2023 the Landlord is to provide the Tenant with compensation for the person use eviction in the form of one month’s rent. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. May 3, 2023 ____________________________ Date Issued Amanda Kovats Member, Landlord and Tenant Board File Number: LTB-L-052247-22 Order Page 5 of 5 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Joan Jennifer Clarke (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 April 4, 2023.
📄 View Official PDF

Share this case

🏷️ Related by keywords

🧑‍⚖️ Same adjudicator

Amanda Kovats

📂 Related by application type

Eviction — Landlord own use