Case Study

Eviction for non-payment of rent · Brampton · LTB-L-034615-22

Ontario LTB order in Brampton · February 8, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 1, 2023

Order Issued: February 8, 2023

Termination Date: February 19, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-034615-22
Address: 711, 9 George St N, Brampton, ON L6X0T6
Form Used: N4
Amount Awarded: $12,716.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Frank spudic and Kathy spudic
Landlord Rep: Self Represented
Tenant: Emil spudic and Marice bagabaldo
Tenant Rep: Self Represented
Adjudicator: Alex Brkic
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: • $12,716.00 if the payment is made on or before February 19, 2023. See Schedule 1A 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 have paid the full amount owing as ordered plus any additional rent that became due after February 19, 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 February 19, 2023 5. If the Tenants do not void this order, the Tenants shall pay to the Landlord $11,362.03. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. See Schedule 1B for the calculation of the amount owing. 6. The Tenants shall also pay the Landlords daily compensation of $46.03 per day for the use of the unit starting February 2, 2023 until the date the Tenants move out of the unit. 2023 ONLTB 19205 (CanLII) File Number: LTB-L-034615-22 Order Page: 3 of 4 7. If the Tenants do not pay the Landlords the full amount owing on or before February 19, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 20, 2023 a...

💡 Summary points

applied for an order to terminate the tenancy and evict Emil Spudic and Marice Bagabaldo (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlords also claimed charges related to NSF cheques. (L1 application) This L1 application was heard by videoconference on February 1, 2023. Only the Landlords and the Landlords’ Agent, Bernard Spudic, attended the hearing. As of 2:16 pm, the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlords’ evidence.
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🧑‍⚖️ Same adjudicator

Alex Brkic

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