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Case Study

LTB Order on Eviction and Rent Arrears

Case LTB-L-004667-22

🕑 Case timeline

Application Date: January 26, 2022

Hearing Date: March 24, 2023

Order Issued: April 6, 2023

Termination Date: September 28, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-004667-22
Address: 10, 578 Colborne Street, London, ON N6B 2T8
Form Used: N4 Notice of Termination
Served By: Hand-delivered by Landlord's agent
Amount Awarded: $5,427.56
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent, amended to Application for Rent Arrears Only (L9)
RTA Sections: Section 69 of the Residential Tenancies Act, 2006, Section 2(1) - Definitions of 'tenancy agreement' and 'rental unit', Rule 1.6(h) - Amendment of applications

👥 Parties involved

Landlord: 869797 Ontario Ltd
Landlord Rep: Sally Anastasiadis
Tenant: Jerry Rodrigues
Tenant Rep: Self Represented
Adjudicator: Michelle Tan
Keywords: eviction, non-payment of rent, rent arrears, tenancy frustration, fire damage

⚖️ Decision summary

Tenancy terminated as of September 28, 2022.
Tenant ordered to pay $5,427.56 in rent arrears.

⚠️ Dispute summary

Landlord seeks eviction and rent arrears.
Tenant moved due to fire, no new lease signed.
Original eviction moot, pursuit for arrears continues.

📑 Findings & determinations

Tenant had proper notice of hearing.
Original tenancy agreement frustrated by fire.
New tenancy agreement implied at new address.

💡 Summary points

Tenant evicted due to non-payment of rent.
Tenancy agreement frustrated due to fire damage.
Application amended to L9 for rent arrears only.
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🧑‍⚖️ Same adjudicator

Michelle Tan