Case Study

Eviction — Interference with reasonable enjoyment · Other · HOL-08808-20

Ontario LTB order in Other · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: June 29, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: HOL-08808-20
Address: 20 elmers lane, king city, on l7b0p5
Amount Awarded: $35,000.00
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Rodney desouza and Gwendolyn desouza
Landlord Rep: Self Represented
Tenant: Leopoldo gallo aka leo gallo
Tenant Rep: Self Represented
Adjudicator: Richard Ferriss
Keywords: eviction, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated, as of November 15, 2020. The Tenant must move out of the rental unit on or before June 29, 2021. 2. The Tenant shall pay to the Landlords $35,000.00 (limited by Board’s jurisdiction), which represents compensation for the use of the unit from November 16, 2020 to June 18, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. Any amount the Tenant paid towards this period shall be credited towards this amount. 3. The Tenant shall also pay to the Landlords $190.68 per day for compensation for the use of the unit from June 19, 2021 to the date they move out of the unit. 4. If the Tenant do not pay the Landlords the full amount owing on or before June 29, 2021, they will start to owe interest. This will be simple interest calculated from June 30, 2021 at 2.00% annually on the balance outstanding. 5. If the unit is not vacated on or before June 29, 2021, then starting June 30, 2021, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 6. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after June 30, 2021. June 18, 2021 Date Issued Richard Ferriss Member, Landlord and Tenant Board Head Office 777 Bay Street, 12th Floor Toronto Ontario M5G2E5

💡 Summary points

applied for an order to terminate the tenancy and evict Leopoldo Gallo AKA Leo Gallo (the 'Tenant') because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by tele/videoconference on June 7, 2021.
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🧑‍⚖️ Same adjudicator

Richard Ferriss

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