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Eviction Order for Personal Use - Lapish v King and Nadjiwon

Landlord wins eviction for personal use with compensation awarded

Case Timeline

Application Date: Date not provided
Hearing Date: October 3, 2022
Order Issued: April 26, 2023
Termination Date: May 31, 2023
Eviction Deadline: May 31, 2023

Case Overview

Case Number: LTB-L-014155-22
Address: 556 BAR RIVER RD, ECHO BAY ON P0S1C0
Form Used: N12
Served By: Landlord
Amount Awarded: $6,154.52
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 69, Section 83

Parties Involved

Landlord: Edward Lapish
Landlord Rep: Nathan Chevalier
Tenant: Dawna King, Peter Nadjiwon
Tenant Rep: Self Represented
Adjudicator: Percy Laryea
Keywords: eviction, personal use, compensation, N12 notice, landlord and tenant dispute

Decision Summary

Tenancy terminated effective May 31, 2023.
Tenants must pay compensation for use from May 1, 2022 to October 3, 2022.

Dispute Summary

Landlord claims need for personal residence.
Tenants believe eviction is retaliatory over complaints.

Findings & Determinations

Landlord's need for unit is genuine.
No evidence of bad faith in eviction notice.
Tenants did not prove inadequate heating claims.

Summary Points

Landlord requires possession for personal use.
Tenants contested the eviction citing maintenance issues.
Compensation ordered for the landlord due to overstay.
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