Case Study

Eviction for non-payment of rent · Toronto · LTB-L-074694-22

Ontario LTB order in Toronto · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: February 06, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-074694-22
Address: 1757 Victoria Park Avenue, Toronto, Ontario M1R1S3
Amount Awarded: $9,665.44
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: Capreit limited partnership
Landlord Rep: Self Represented
Tenant: Gedeon marcellus and Howalda cazeau honore
Tenant Rep: Self Represented
Adjudicator:
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. Order TEL-15145-21-RV-AM is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before February 06, 2023. 3. If the unit is not vacated on or before February 06, 2023, then starting February 07, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. 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 February 07, 2023. 5. The Tenants shall pay to the Landlord $9,665.44*(Less any payments made by the Tenants after this application was filed on October 26, 2022). This amount represents the rent owing up to January 26, 2023, the application fee for the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 6. The Tenants shall also pay to the Landlord $42.29 per day for compensation for the use of the unit starting January 27, 2023 to the date the Tenants moves out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before February 06, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from February 7, 2023 at 5.00% annually on January 26, 2023 Date Issued Ian Speers Associate Chair, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until February 05, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion b...

💡 Summary points

applied for an order to terminate the tenancy and evict Gedeon Marcellus and Howalda Cazeau Honore (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on January 12, 2022 with respect to application TEL-15145-21-RV-AM. This application was decided without a hearing being held.
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