Case Study

Eviction Order for Non-payment of Rent

Naccarato v O'malley, 2023 ONLTB 30525

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 28, 2023

Order Issued: April 12, 2023

Termination Date: May 31, 2023

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-051205-22

Address: Basement, 723 GILES BLVD E, WINDSOR ON N9A4E5

Form Used: N4 Notice

Served By: Landlord

Amount Awarded: $5,105.90

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: John Naccarato

Landlord Rep: Thomas Vanner

Tenant: Jason O'malley

Tenant Rep: Self Represented

Adjudicator: Kelly Delaney

Keywords: eviction, non-payment of rent, rent arrears, N4 Notice, termination of tenancy

⚖️ Decision summary

Tenant's tenancy is terminated unless they void the order by payment.
Tenant must vacate by May 31, 2023, if payment not made.
Landlord awarded costs and daily compensation post-hearing date.

⚠️ Dispute summary

Tenant did not dispute the amount owed but expressed intent to pay and maintain tenancy.

📑 Findings & determinations

Valid N4 Notice served.
Rent arrears confirmed.
Postponement of eviction to May 31, 2023 is fair.

💡 Summary points

Tenant owes rent arrears totaling $6,084.00 as of March 31, 2023.
Tenant has the option to void the eviction by paying specified amounts by set deadlines.
Eviction postponed to May 31, 2023, allowing tenant time to secure funds.

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