Case Study

Eviction — Landlord own use · Other · LTB-L-063618-22

Ontario LTB order in Other · April 27, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: April 19, 2023

Order Issued: April 27, 2023

Termination Date: May 8, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-063618-22
Address: 1, 12 Colborne Street South, Simcoe ON N3Y4H1
Form Used: N12
Amount Awarded: $4,481.34
Application Type: Eviction — Landlord own use
RTA Sections: Section 69, Section 88.2, Section 83

👥 Parties involved

Landlord: Geeta sehgal and 280294 ontario inc.
Landlord Rep: Self Represented
Tenant: Miranda raithby
Tenant Rep: Self Represented
Adjudicator: Khalid Akram
Keywords: eviction, landlord own use, rent deposit

⚖️ Decision summary

This application — Eviction — Landlord own use — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 8, 2023. 2. If the unit is not vacated on or before May 8, 2023, then starting May 9, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. 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 May 9, 2023. 2023 ONLTB 33471 (CanLII) Order Page 3 of 4 4. The Tenant shall pay to the Landlord $4,295.34, which represents compensation for the use of the unit from October 1, 2022 to April 19, 2023, less the rent deposit and interest the Landlord owes on the rent deposit. 5. The Tenant shall also pay the Landlord compensation of $21.37 per day for the use of the unit starting April 20, 2023 until the date the Tenant moves out of the unit. 6. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 7. The total amount the Tenant owes the Landlord is $4,481.34. 8. If the Tenant does not pay the Landlord the full amount owing on or before May 8, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 9, 2023 at 6.00% annually on the balance outstanding. April 27, 2023 ____________________________ Date Issued Khalid Akram Member, Landlord and Tenant Board File Number: LTB-L-063618-22 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Miranda Raithby (the 'Tenant') because the Landlord, GS, in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Landlords also claimed compensation for each day the Tenant remained in the unit after the termination date. The Landlords also applied for an order requiring Miranda Raithby (the 'Tenant') to pay the Landlord's reasonable out-of-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. This application was heard by videoconference on April 19, 2023.
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