Case Study

Eviction Order for Breach of Conditions - Herosilla v Merritt

LTB Review and Determination on Tenant's Non-compliance

🕑 Case timeline

Application Date: 2022-10-27

Hearing Date: 2023-03-23

Order Issued: 2023-04-14

Termination Date: Not specified

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-L-075120-22-RV

Address: 1-125 PAGE ST, ST CATHARINES ON L2R4A8

Form Used: L4

Served By: Not specified

Amount Awarded: Not specified

Decision In Favor: Landlord

Application Type: Eviction for breach of conditions in a previous order

RTA Sections: Section 78 of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Andres Herosilla

Landlord Rep: Francisco Gomez

Tenant: Dale Merritt

Tenant Rep: Annelise Morton

Adjudicator: Not specified

Keywords: eviction, breach of conditions, review order, L4 application

⚖️ Decision summary

Review granted due to service issues of the initial hearing notice.
Based on evidence, tenant found in breach of conditions set in previous order.

⚠️ Dispute summary

Tenant allegedly placed non-collectable garbage and obstructive items in common areas.
Tenant disputes claims, stating items were temporarily placed during pest control treatment.

📑 Findings & determinations

Tenant failed to meet conditions regarding garbage disposal and obstruction of common areas.
Landlord's evidence of tenant's breaches through photographs was convincing.

💡 Summary points

Landlord applied for eviction based on tenant's failure to comply with conditions of a previous order.
Review requested due to landlord not receiving notice for the initial hearing.
Eviction application reviewed and tenant found in breach of conditions.

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🏷️ Related by keywords

eviction breach of conditions review order L4 application

🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Eviction for breach of conditions in a previous order