Case Study

Eviction for non-payment of rent · Other · LTB-L-013536-22

Ontario LTB order in Other · January 25, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 12, 2023

Order Issued: January 25, 2023

Termination Date: February 5, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-013536-22
Address: 4, 51 Mont Adam St, Sudbury ON P3B2V1
Form Used: N5
Amount Awarded: $11,421.80
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Joseph hajek
Landlord Rep: Self Represented
Tenant: Bryan weirmier and Lauralee holly
Tenant Rep: Self Represented
Adjudicator: Amanda Kovats
Keywords: eviction, non-payment of rent, damage to property, interference with reasonable enjoyment, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The L2 application is dismissed. 2. Based on the L1 application, the tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 3. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $10,540.10 if the payment is made on or before January 31, 2023. See Schedule 1 for the calculation of the amount owing. OR • $11,421.80 if the payment is made on or before February 5, 2023. See Schedule 1 for the calculation of the amount owing. 4. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after February 5, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before February 5, 2023. 6. If the Tenants do not void the order, the Tenants shall pay to the Landlord $10,006.28. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 7. The Tenants shall also pay the Landlord compensation of $28.99 per day for the use of the unit starting January 13, 2023 until the date the Tenant moves out of the unit. 8. If the Tenants do not pay the Landlord the full amount owing on or before February 5, 2023, the Tenant will start to owe...

💡 Summary points

applied for an order requiring the Tenant to pay the Landlord's reasonable outof-pocket expenses that are the result of the Tenant's failure to pay utility costs they were required to pay under the terms of the tenancy agreement (L2 application). The Landlord also applied for an order requiring the Tenants to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex (L2 application). This application was heard by videoconference on January 12, 2023.
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🧑‍⚖️ Same adjudicator

Amanda Kovats

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