Case Study

Eviction for non-payment of rent · Other · TEL-17223-21

Ontario LTB order in Other · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: June 15, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: TEL-17223-21
Address: 20 kimbercroft court, scarborough, on m1s4k8
Amount Awarded: $6,459.10
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: Markham corners residential inc.
Landlord Rep: Self Represented
Tenant: Michael lynch and Michelle mcdonald
Tenant Rep: Self Represented
Adjudicator: Michael Di Salle
Keywords: eviction, non-payment of rent, rent deposit, set aside, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. Orders TEL-11778-20 and TEL-15336-21 are cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before June 15, 2021. 3. The Tenants shall pay to the Landlord $2,217.70*. This amount represents the rent owing up to May 31, 2021 less the rent deposit and interest the Landlord owes on the rent deposit. 4. The Tenants shall also pay to the Landlord $51.91 per day for compensation for the use of the unit starting June 1, 2021 to the date the Tenants move out of the unit. 5. If the Tenants do not pay the Landlord the full amount owing* on or before June 15, 2021, the Tenants will start to owe interest. This will be simple interest calculated from June 16, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before June 15, 2021, then starting June 16, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 June 16, 2021. June 4, 2021 Michael Di Salle Date Issued Michael Di Salle Member, Landlord and Tenant Board Toronto East-RO 2275 Midland Avenue, Unit 2 Toronto ON M1P3E7 The tenant has until June 14, 2021 to file a motion with the Board to set aside the order under s. 78(9) of the Act. If the tenant files the motion by June 14, 2021 the order will be stayed and the Board will schedule a hearing.

💡 Summary points

applied for an order to terminate the tenancy and evict Michael Lynch and Michelle McDonald (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants failed to meet conditions specified in two previous orders issued by the Board, TEL-11778-20 issued by the Board on January 4, 2021 and TEL-15336-21-SA issued on May 19, 2021.
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🧑‍⚖️ Same adjudicator

Michael Di Salle

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