Case Study

Eviction for non-payment of rent · Kitchener · LTB-L-038152 -22

Ontario LTB order in Kitchener · February 27, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 14, 2023

Order Issued: February 27, 2023

Termination Date: March 10, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-038152 -22
Address: 92 Daylily Lane, Kitchener ON N2R0L7
Form Used: N4
Amount Awarded: $23,186.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Anwesh dayal and Shruti kant
Landlord Rep: Self Represented
Tenant: Ryan fields and Sherry-lynn fields
Tenant Rep: Self Represented
Adjudicator: Sheena Brar
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust: • $20,886.00 if the payment is made on or before February 28, 2023. See Schedule 1 for the calculation of the amount owing. OR • $23,186.00 if the payment is made on or before March 10, 2023. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after March 10, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. 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 March 10, 2023. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $19,644.68. 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. 6. The Tenants shall also pay the Landlords compensation of $75.62 per day for the use of the unit starting February 15, 2023 until the date the Tenants move out of the unit. 2023 ONLTB 21540 (CanLII) File Number: LTB-L-038152-22 Order Page: 3 of 5 7. If the Tenants do not pay the Landlords the full amount owing on or before March 10, 2023, the Tenants will st...

💡 Summary points

applied for an order to terminate the tenancy and evict Ryan Fields and Sherry-lynn Fields (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on February 14, 2023.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Sheena Brar

📂 Related by application type

Eviction for non-payment of rent