Case Study

Eviction for non-payment of rent · London · LTB-L-060272-22

Ontario LTB order in London · April 3, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 23, 2023

Order Issued: April 3, 2023

Termination Date: April 14, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-060272-22
Address: 254 egerton st london on n5z2g7
Form Used: N4
Amount Awarded: $5,476.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Ding xu
Landlord Rep: Self Represented
Tenant: Brittany skinner and Mason donaghy
Tenant Rep: Self Represented
Adjudicator: Peter Nicholson
Keywords: eviction, non-payment of rent, damage to property, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: L1 Application 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $5,476.00 if the payment is made on or before April 14, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenant 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 April 14, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before April 14, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,042.99. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlord compensation of $34.52 per day for the use of the unit starting February 24, 2023 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before April 14, 2023, the Tenant will start to owe interest. This will be simple interest calculate...

💡 Summary points

applied for an order to terminate the tenancy and evict Brittany Skinner and Mason Donaghy (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes; and, because the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully caused undue damage to the premises; and because the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on February 23, 2023.
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🧑‍⚖️ Same adjudicator

Peter Nicholson

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