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Case Study

Eviction Order for Non-payment of Rent

Case LTB-L-048513-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 27, 2023

Order Issued: April 18, 2023

Termination Date: May 31, 2023

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-048513-22
Address: 807, 125 WELLINGTON ST N, HAMILTON ON L8R3J4
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $12,148.94
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Subsection 83(1)(b), Subsection 83(2)

👥 Parties involved

Landlord: Equiton Residential Income Fund LP.
Landlord Rep: Daniel Abraham
Tenant: Fernanda Claudes
Tenant Rep: Self Represented
Adjudicator: Mark Melchers
Keywords: eviction, non-payment of rent, rent arrears, payment plan

⚖️ Decision summary

Tenancy terminated unless tenant pays full arrears by specified dates.
Tenant must vacate by May 31, 2023 if conditions not met.
Court Enforcement Office directed to enforce eviction if necessary.

⚠️ Dispute summary

Tenant owes $12,144.72 in rent arrears as of March 31, 2023.
Tenant lost job and sought to establish a payment plan based on potential Ontario Works support.

📑 Findings & determinations

Valid N4 Notice served.
Tenant did not void the notice by paying rent arrears.
Landlord entitled to filing costs and rent arrears.

💡 Summary points

Tenant failed to pay rent leading to eviction notice.
Tenant proposed unrealistic payment plan without sufficient evidence of future income.
Eviction delayed to allow tenant time to find new accommodation.
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🧑‍⚖️ Same adjudicator

Mark Melchers

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Eviction for non-payment of rent