Case Study

Eviction for non-payment of rent · Windsor · SWL-54519-21

Ontario LTB order in Windsor · April 28, 2022 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 31, 2022

Order Issued: April 28, 2022

Termination Date: May 9, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-54519-21
Address: Lower Unit, 3829 Seminole Street, Windsor, ON N8Y1Y9
Amount Awarded: $10,586.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Jian lu
Landlord Rep: Self Represented
Tenant: Amber rose kimmerly and Tyler hamilton
Tenant Rep: Self Represented
Adjudicator: Khalid Akram
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. Unless the Tenants void the order as set out below, the tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 9, 2022. 2. The Tenants shall pay to the Landlord $7,196.34*, which represents the amount of rent owing and compensation up to April 28, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. 3. The Tenants shall also pay to the Landlord $42.74 per day for compensation for the use of the unit starting April 29, 2022 to the date the Tenants move out of the unit. 4. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 5. If the Tenants do not pay the Landlord the full amount owing* on or before May 9, 2022, the Tenants will start to owe interest. This will be simple interest calculated from May 10, 2022 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before May 9, 2022, then starting May 10, 2022, 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 May 10, 2022. 8. If the Tenants wish to void this order and continue the tenancy, the Tenants must pay to the Landlord or to the Board in trust: i) $9,286.00 if the payment is made on or before April 30, 2022, or ii) $10,586.00 if the payment is made on or before May 9, 2022**. If the Tenants do not make full payment in accordance...

💡 Summary points

applied for an order to terminate the tenancy and evict Amber Rose Kimmerly and Tyler Hamilton (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 31, 2022.
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🧑‍⚖️ Same adjudicator

Khalid Akram

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