Case Study

Eviction for non-payment of rent · Hamilton · LTB-L-013133-22

Ontario LTB order in Hamilton · September 20, 2022 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: September 13, 2022

Order Issued: September 20, 2022

Termination Date: October 31, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-013133-22
Address: unit 2, 41 oakdale ave hamilton on l8t1n3
Form Used: N4
Served By:
Amount Awarded: $21,026.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: sumant bhaktibhai patel
Landlord Rep: Self Represented
Tenant: kasey brooks, ian tassell
Tenant Rep: Self Represented
Adjudicator: Steven Mastoras
Keywords: eviction, non-payment of rent, 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: 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: • $18,526.00 if the payment is made on or before September 30, 2022. See Schedule 1 for the calculation of the amount owing. OR • $21,026.00 if the payment is made on or before October 31, 2022. 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 October 31, 2022 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 October 31, 2022 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $14,607.73. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. 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. 6. The Tenant shall also pay the Landlord compensation of $82.19 per day for the use of the unit starting September 14, 2022 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the fu...

💡 Summary points

applied for an order to terminate the tenancy and evict Ian Tassell, Kasey Brooks (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on September 13, 2022, at 11:15 A.
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🧑‍⚖️ Same adjudicator

Steven Mastoras

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