Case Study

Eviction — Interference with reasonable enjoyment · Hamilton · LTB-L-059726-22

Ontario LTB order in Hamilton · January 3, 2024 · Consent

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 13, 2023

Order Issued: January 3, 2024

Termination Date: December 31, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-059726-22
Address: 831 MAIN ST E, HAMILTON ON L8M1L6
Amount Awarded: $186.00
Decision In Favor: Resolved by consent
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69

👥 Parties involved

Landlord: 3073815 canada inc.
Landlord Rep: Self Represented
Tenant: Tyler hann and Roberta wilton
Tenant Rep: Self Represented
Adjudicator:
Keywords: eviction, interference with reasonable enjoyment, rent deposit, maintenance and repairs

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was resolved by a consent order between the parties.

📑 Findings & determinations

It is ordered on consent that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before December 31, 2023. 2. If the unit is not vacated on or before December 31, 2023, then starting January 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-059726-22 Order Page 2 of 2 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 January 1, 2024. 4. The Landlord collected a last month rent deposit of $1,040 on December 1, 2019 which has been applied to the rent for December. The parties agree that no further amount is owing for the month of December 2023. 5. The Tenants shall pay to the Landlord $186.00 for the cost of filing the application. 6. If the Tenants do not pay the Landlord the full amount owing on or before December 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 1, 2024 at 7.00% annually on the balance outstanding. 7. The Tenants will provide a copy of the key to the new lock on the rental unit by December 20, 2023. 8. The Tenants will not interfere with maintenance, including pest control, for the duration of the tenancy. January 3, 2024 ____________________________ Date Issued Dawn Carr Member, Landlord and Tenants Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Tyler Hann and Roberta Wilton (the 'Tenants') because: • the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another Tenants. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on December 13, 2023.
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