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Case Study

Eviction Order for Non-payment of Rent

CAPREIT Limited Partnership vs. Patrick Ndongol Nimi and Tshitshi Tshilumba

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 27, 2023

Order Issued: May 19, 2023

Termination Date: May 30, 2023

Eviction Deadline: May 30, 2023

ℹ️ Case overview

Case Number: LTB-L-044090-22
Address: 602, 7 Roanoke Rd, North York ON M3A1E3
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $14,720.11
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: CAPREIT Limited Partnership
Landlord Rep: Jason Paine
Tenant: Patrick Ndongol Nimi, Tshitshi Tshilumba
Tenant Rep: Self Represented
Adjudicator: Robert Patchett, André-Paul Baillargeon-Smith
Keywords: eviction, non-payment of rent, rent arrears, videoconference hearing, payment plan

⚖️ Decision summary

Eviction ordered unless tenants pay $16,954.67 by May 30, 2023.
Daily compensation of $66.04 charged from April 28, 2023, until move-out.

⚠️ Dispute summary

Dispute over non-payment of rent and the feasibility of a payment plan.
Landlord seeks eviction due to lack of good faith in payments by tenants.

📑 Findings & determinations

Valid N4 notice served.
Rent arrears confirmed.
Payment plan proposed by tenants not feasible.

💡 Summary points

Tenants failed to pay rent resulting in arrears of $14,759.85 as of April 30, 2023.
Landlord served a valid N4 eviction notice which was not voided by the tenants.
Tenants proposed an unfeasible payment plan extending over 56 months.
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🧑‍⚖️ Same adjudicator

Robert Patchett, André-Paul Baillargeon-Smith

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Eviction for non-payment of rent