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Eviction Order for Landlord's Personal Use and Substantial Interference

LTB Order Review - Carolyn Johnson and Deborah Hattie vs Dwayne Heyink

Case Timeline

Application Date: Date not provided
Hearing Date: March 9, 2023
Order Issued: March 21, 2023
Termination Date: April 30, 2023
Eviction Deadline: April 30, 2023

Case Overview

Case Number: LTB-L-039594-22
Address: 2, 15661 Hwy 35, Algonquin Highlands ON K0M1J2
Form Used: N5 and N12
Served By: Landlord
Amount Awarded: $27.14
Decision In Favor: Landlord
Application Type: Eviction for landlord's personal use and substantial interference
RTA Sections: s.64(3), s.72(1), s.106(10), s.83(1)(b), s.83(2)

Parties Involved

Landlord: Carolyn Johnson and Deborah Hattie
Landlord Rep: Self Represented
Tenant: Dwayne Heyink
Tenant Rep: Self Represented
Adjudicator: Sandra Macchione
Keywords: eviction, landlord's personal use, substantial interference, termination notice, N5, N12

Decision Summary

Tenancy terminated effective April 30, 2023.
Tenant must vacate or face enforcement by Sheriff.

Dispute Summary

Tenant interfered with landlord's enjoyment by not removing personal items.
Landlord requires unit for personal use.

Findings & Determinations

Landlord proved grounds for eviction on balance of probabilities.
Tenant did not contest landlord's intention to occupy.

Summary Points

Eviction granted for substantial interference and landlord's need for personal use.
Termination notices N5 and N12 were properly served.
Eviction postponed to April 30, 2023, to allow tenant time to find alternate accommodation.
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