Case Study

Eviction for non-payment of rent · Niagara Falls · LTB-L-029670-23

Ontario LTB order in Niagara Falls · May 16, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: May 16, 2023

Termination Date: May 27, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-029670-23
Address: 5042 saint clair ave, niagara falls, on l2e3t7
Amount Awarded: $24,597.24
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: Nitika khanna and Rajan khanna
Landlord Rep: Self Represented
Tenant: Amanda graham and John mcmullen
Tenant Rep: Self Represented
Adjudicator: Kimberly Parish
Keywords: eviction, non-payment of rent, rent deposit, set aside, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. Order LTB-L-035737-22 is cancelled. 2. The tenancy between the Landlords and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 27, 2023. 3. If the unit is not vacated on or before May 27, 2023, then starting May 28, 2023, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after May 28, 2023. 5. The Tenants shall pay to the Landlords $24,597.24* (less any payments made by the Tenants after this application was filed on April 12, 2023). This amount represents the rent owing up to May 16, 2023 and the cost of filing the previous application, less the rent deposit and interest the Landlords owe on the rent deposit. 6. The Tenants shall also pay to the Landlords $78.90 per day for compensation for the use of the unit starting May 17, 2023 to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlords the full amount owing on or before May 27, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from May 28, 2023 at 6.00% annually on the balance outstanding. May 16, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until May 26, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenants file the moti...

💡 Summary points

applied for an order to terminate the tenancy and evict Amanda Graham and John McMullen (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on February 15, 2023 with respect to application LTB-L- 035737-22. This application was decided without a hearing being held.
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🧑‍⚖️ Same adjudicator

Kimberly Parish

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