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Case Study

Eviction Order for Non-payment of Rent

Jones-sherk v Palomaki

🕑 Case timeline

Application Date: Date not provided

Hearing Date: February 1, 2023

Order Issued: February 10, 2023

Termination Date: February 20, 2023

Eviction Deadline: February 20, 2023

ℹ️ Case overview

Case Number: LTB-L-034510-22
Address: UPPER UNIT, 7 PRISCILLA'S PL, BARRIE ON L4N5X4
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $17,070.90
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Subsection 83(1)(b), Subsection 83(2), Section 74(11)

👥 Parties involved

Landlord: Cindy Jones-sherk and Peter Sherk
Landlord Rep: Kimberley Brock
Tenant: Donny Applegate and Kaitlyn Palomaki
Tenant Rep: Self Represented
Adjudicator: Peter Pavlovic
Keywords: eviction, non-payment of rent, N4 Notice, rent arrears

⚖️ Decision summary

Tenancy terminated unless tenants pay $20,786 by February 20, 2023.
If payment not made, tenants must vacate by February 20, 2023.
Daily compensation of $61.64 charged from February 2, 2023, until move-out.

⚠️ Dispute summary

The dispute centers on unpaid rent by the tenants.
Tenants provided personal circumstances as a defense.

📑 Findings & determinations

Valid N4 Notice served.
Rent arrears confirmed at $20,600 as of the hearing date.
Eviction postponed to February 28, 2023, considering tenants' circumstances.

💡 Summary points

Tenants failed to pay rent leading to an eviction order.
Landlord served a valid N4 Notice for non-payment.
Tenants have the option to void the eviction by paying the full amount due.
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🧑‍⚖️ Same adjudicator

Peter Pavlovic

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Eviction for non-payment of rent