Case Study

Eviction for non-payment of rent · Niagara Falls · LTB-L-028727-22

Ontario LTB order in Niagara Falls · November 9, 2023 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: July 12, 2023

Order Issued: November 9, 2023

Termination Date: November 20, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-028727-22
Address: upper unit, 5973 grey ave niagara falls on l2g4b2
Form Used: N4
Amount Awarded: $20,063.38
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82, Section 83

👥 Parties involved

Landlord: angela zenarosa-sterling, delroy sterling
Landlord Rep: Self Represented
Tenant: patrick shavalier, kady jackson
Tenant Rep: Self Represented
Adjudicator: Donna Adams
Keywords: eviction, non-payment of rent, persistent late payment, 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. Pursuant to the L2 application, the tenancy between the Landlords and the Tenants is terminated. The Tenants must move out of the rental unit on or before November 20, 2023 2. If the unit is not vacated on or before November 20, 2023, then starting November 21, 2023, the Landlords 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 Landlords on or after November 21, 2023. File Number: LTB-L-028727-22 Order Page 6 of 7 4. The Tenants shall pay to the Landlord $13,857.44. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit, interest the Landlords owe on the rent deposit and the rent abatement awarded to the Tenants are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 5. The Tenants shall also pay the Landlords compensation of $45.49 per day for the use of the unit starting July 13, 2023 until the date the Tenants move out of the unit. 6. If the Tenants do not pay the Landlords the full amount owing on or before November 20, 2023, the Tenants will start to owe interest. This will be simple interest calculated from November 21, 2023 at 7.00% annually on the balance outstanding. November 9, 2023 ____________________________ Date Issued Donna Adams Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Patrick Shavalier and Kady Jackson (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe (L1 application) and because the Tenants have been persistently late in paying the Tenants’ rent (L2 application). This application was heard by videoconference on July 12, 2023.
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🧑‍⚖️ Same adjudicator

Donna Adams

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