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Case Study

Eviction Order for Non-payment of Rent

Jones-Sherk v Monk, 2023 ONLTB 31015

🕑 Case timeline

Application Date: Date not provided

Hearing Date: February 27, 2023

Order Issued: April 12, 2023

Termination Date: April 23, 2023

Eviction Deadline: April 23, 2023

ℹ️ Case overview

Case Number: LTB-L-041196-22
Address: 7A - BASEMENT, 7 PRISCILLA'S PL, BARRIE ON L4N5X4
Form Used: N4 Notice
Served By: Landlords
Amount Awarded: $12,246.72
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Subsection 83(1), Subsection 83(2), Section 74(11)

👥 Parties involved

Landlord: Cindy Jones-Sherk and Peter Sherk
Landlord Rep: Kimberley Brock
Tenant: Amber-Lynn Murray and Jordon Monk
Tenant Rep: Self Represented
Adjudicator: Margo den Haan
Keywords: eviction, non-payment of rent, N4 Notice, rent arrears, videoconference hearing

⚖️ Decision summary

Tenancy terminated unless tenants pay a specified amount by April 23, 2023.
Tenants owe $12,246.72 including arrears and costs, adjusted for payments and deposits.

⚠️ Dispute summary

Tenants did not pay rent as required.
Landlords attempted to negotiate repayment but were unsuccessful.

📑 Findings & determinations

Valid N4 Notice served.
Rent arrears confirmed.
No relief from eviction granted under subsection 83(1) of the Act.

💡 Summary points

Tenants failed to pay rent leading to arrears of $13,600 as of February 28, 2023.
Landlords served a valid N4 Notice which was not voided by payment.
Tenancy termination ordered unless tenants pay $16,486.00 by April 23, 2023.
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🧑‍⚖️ Same adjudicator

Margo den Haan

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Eviction for non-payment of rent