Case Study

Eviction for non-payment of rent · Other · LTB-L-045439-22

Ontario LTB order in Other · March 9, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 2, 2023

Order Issued: March 9, 2023

Termination Date: March 20, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-045439-22
Address: 40 Askew St, Leamington, ON N8H1X7
Form Used: N4
Amount Awarded: $24,186.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Gregory james macdonald and Shashanah m. macdonald
Landlord Rep: Self Represented
Tenant: M.h. management and Malak halabi
Tenant Rep: Self Represented
Adjudicator: Diane Wade
Keywords: eviction, non-payment of rent, rent deposit, maintenance and repairs, 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 Landlord and the Tenants is terminated unless the Tenant voids this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $24,186.00 if the payment is made on or before March 20, 2023. See Schedule 1 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 Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 20, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant 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 March 20, 2023 2023 ONLTB 25494 (CanLII) File Number: LTB-L-045439-22 Order Page: 4 of 5 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $22,691.20. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $52.60 per day for the use of the unit starting March 3, 2023 until the date the Tenants move out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before March 20, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 21, 2023 at 5.00% annually on the balance outstanding. 8. The Land...

💡 Summary points

applied for an order to terminate the tenancy and evict Gregory James Macdonald and Shashanah M. Macdonald (the 'Tenants') because the Tenants did not pay the rent that the Tenant owes. This application was heard by videoconference on March 2, 2023.
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🧑‍⚖️ Same adjudicator

Diane Wade

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