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Case Study

LTB Order on Eviction for Interference and Clutter

Conditional Continuation of Tenancy

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-01-04

Order Issued: 2023-04-21

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-041735-22
Address: 341 FERNDALE DR S, BARRIE ON L4N9Y6
Form Used: N5
Served By: Mail
Amount Awarded: $186.00
Decision In Favor: Landlord, conditional
Application Type: Eviction for interference with landlord's lawful rights and excessive clutter
RTA Sections: Section 68, Section 78, Section 83(1)(a), Section 83(2), Section 204(1)

👥 Parties involved

Landlord: Mark Kharitonov, Yana Kharitonov
Landlord Rep: E. Vasilieva
Tenant: Chris Thorne, Katarina Thorne
Tenant Rep: Self Represented
Adjudicator: Curtis Begg
Keywords: eviction, clutter, interference, conditional order, N5 notice

⚖️ Decision summary

Conditional order issued allowing tenancy to continue under specified conditions.
Landlords awarded costs for filing the application.

⚠️ Dispute summary

Landlords filed for eviction citing substantial interference and misuse of property.
Tenants provided explanations for clutter, showing willingness to resolve.

📑 Findings & determinations

Landlords proved their case but eviction not granted.
Tenants must declutter by specific dates to avoid eviction.

💡 Summary points

Tenants interfered with landlord's rights due to excessive clutter.
Landlords attempted to sell the property but were impeded by the condition of the unit.
Eviction not granted; conditional continuation of tenancy imposed.
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🧑‍⚖️ Same adjudicator

Curtis Begg