📍 Hamilton, Ontario
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Dispute this orderapplied for an order terminating the tenancy before the seven-day remedy period in the N5 Notice, the Landlord cannot rely on the N5 Notice to terminate the tenancy. As such, the only live issue is the N7 Notice. This application was heard by videoconference on March 9, 2023.
It is ordered that: 1. The Landlord’s application for eviction of the Tenant is denied on the condition that: a. The Tenant shall not yell profanities, scream, bang on things or utter threats towards other tenants in the common areas of the residential complex commencing March 17, 2023 and for 12 months thereafter. 2023 ONLTB 26215 (CanLII) File Number: LTB-L-058530-22 Order Page 4 of 4 2. If the Tenant fails to comply with the conditions set out in paragraph 1 above, then, within 30 days of the breach, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 1 of this order. 3. The Tenant shall also pay to the Landlord $186.00 representing costs to the Landlord for filing this application. If the Tenant does not pay the Landlord the full amount owing on or before March 22, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 23, 2023 at 5.00% annually on the balance outstanding. March 17, 2023 ____________________________ Date Issued Camille Tancioco Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6
This Landlord application — Eviction — Damage to property — was granted.
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