Case Study

Eviction — Damage to property · Hamilton · LTB-L-024176-23

Ontario LTB order in Hamilton · December 13, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: November 28, 2023

Order Issued: December 13, 2023

Termination Date: January 3, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-024176-23
Address: 1534 Barton St E, Hamilton ON L8H2X6
Form Used: N7
Amount Awarded: $7,454.58
Decision In Favor: Tenant
Application Type: Eviction — Damage to property
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Anan somnarain
Landlord Rep: Self Represented
Tenant: Howard loker and Tiffany jadwisczak
Tenant Rep: Self Represented
Adjudicator: Mark Melchers
Keywords: eviction, damage to property, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Damage to property — was dismissed.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before January 3, 2024. 2. If the unit is not vacated on or before January 3, 2024, then starting January 4, 2024, 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 January 4, 2024. The Sheriff is requested to expedite the enforcement of this order. 4. The Tenants shall pay to the Landlord $7,454.58, which represents compensation for the use of the unit from March 24, 2023 to November 28, 2023. Any amount the Tenants have paid the Landlord for rent for this period shall be deducted from the amount owing. 5. The Tenants shall also pay the Landlord compensation of $29.82 per day for the use of the unit starting November 29, 2023 until the date the Tenants moves out of the unit. 6. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. File Number: LTB-L-024176-23 Order Page 4 of 4 7. The Landlord owes the Tenants $913.24 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenants. 8. The Landlord or the Tenants shall pay to the other any sum of money that is owed as a result of this order. December 13, 2023 ____________________________ Date Issued Mark Melchers Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Flo...
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Mark Melchers

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