Case Study

Eviction for non-payment of rent · Hamilton · SOL-23545-21

Ontario LTB order in Hamilton · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: August 27, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SOL-23545-21
Address: 1408, 43 forest avenue hamilton on l8n1x2
Amount Awarded: $2,607.23
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: Imh pool xx lp
Landlord Rep: Self Represented
Tenant: Manija safi and Naveed safi
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 SOL-17520-20 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before August 27, 2021. 3. The Tenants shall pay to the Landlord $2,367.36*. This amount represents the rent owing up to August 16, 2021 and the costs related to the application fee for the previous application, less the rent deposit. 4. The Tenants shall also pay to the Landlord $34.68 per day for compensation for the use of the unit starting August 17, 2021 to the date the Tenants move out of the unit. 5. If the Tenants do not pay the Landlord the full amount owing* on or before August 27, 2021, the Tenants will start to owe interest. This will be simple interest calculated from August 28, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before August 27, 2021, then starting August 28, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 August 28, 2021. August 16, 2021 Date Issued Kimberly Parish Member, Landlord and Tenant Board Southern-RO 119 King Street West, 6th Floor Hamilton ON L8P4Y7 The tenants have until August 26, 2021 to file a motion with the Board to set aside the order under s. 78(9) of the Act. If the tenants file the motion by August 26, 2021 the order will be stayed and the Board will schedule a hearing.

💡 Summary points

applied for an order to terminate the tenancy and evict Manija Safi and Naveed Safi (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants failed to meet a condition specified in the order issued by the Board on May 4, 2021 with respect to application SOL-17520-20.
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🧑‍⚖️ Same adjudicator

Kimberly Parish

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Eviction for non-payment of rent