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Case Study

Eviction Order for Non-payment of Rent

Homestead Land Holdings Limited v Gholam Shirpanjeh

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 11, 2022

Order Issued: March 13, 2023

Termination Date: March 31, 2023

Eviction Deadline: March 31, 2023

ℹ️ Case overview

Case Number: LTB-L-017602-22
Address: 1615, 140 ERSKINE AVE TORONTO ON M4P1Z2
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $8,338.47
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83(1)(b), Section 83(2), Section 74(11)

👥 Parties involved

Landlord: Homestead Land Holdings Limited
Landlord Rep: Andrew Hyland
Tenant: Gholam Shirpanjeh
Tenant Rep: Self Represented
Adjudicator: Terri van Huisstede
Keywords: eviction, non-payment of rent, rent arrears, videoconference hearing, interest on rent deposit

⚖️ Decision summary

Eviction postponed until March 31, 2023, unless Tenant pays $16,865.31 to void the order.
Tenant must vacate by March 31, 2023, if the full amount is not paid.
Tenant owes daily compensation of $42.25 from October 12, 2022, until move-out.

⚠️ Dispute summary

Tenant was unable to pay rent due to being stuck in Cuba and income variability.
Tenant has been in the rental unit since 2013 after being evicted from another unit.

📑 Findings & determinations

Tenant did not void the notice by paying the rent arrears by the termination date.
Tenant still in possession of the unit as of the hearing date.
Landlord entitled to reimbursement of $186.00 filing fee.

💡 Summary points

Tenant owes rent arrears totaling $10,254.31 as of October 31, 2022.
Landlord served a valid N4 Notice for non-payment of rent.
Tenant offered to pay monthly rent plus a small additional amount, but Landlord requires full arrears.
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🧑‍⚖️ Same adjudicator

Terri van Huisstede

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