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Case Study

LTB Order for Eviction - Eduard Pelyavskyy v Ramesses Kane

Eviction for Landlord's Personal Use

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 31, 2023

Order Issued: June 13, 2023

Termination Date: September 1, 2023

Eviction Deadline: September 1, 2023

ℹ️ Case overview

Case Number: LTB-L-003883-23
Address: 741, 1830 BLOOR ST W, TORONTO ON M6P0A2
Form Used: N12
Served By: Deemed served on January 16, 2023
Amount Awarded: $3,940.26
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 69, Subsection 83(1)(b), Subsection 83(2)

👥 Parties involved

Landlord: Eduard Pelyavskyy and Tamara Pelyavska
Landlord Rep: Richard Hissey
Tenant: Ramesses Kane
Tenant Rep: Yingchau Xia
Adjudicator: Sean Henry
Keywords: eviction, personal use, compensation, N12 notice

⚖️ Decision summary

Tenancy terminated effective September 1, 2023.
Tenant must pay $3,940.26 in total compensation and costs.

⚠️ Dispute summary

Landlord seeks to evict tenant for personal use of property.
Tenant contested the eviction but was ordered to vacate by specified date.

📑 Findings & determinations

Landlord has valid grounds for termination on a balance of probabilities.
Tenant was in possession of the unit when the application was filed.
Tenant must pay compensation for period after the original termination date.

💡 Summary points

Landlord requires the rental unit for personal use by mother-in-law.
Tenant ordered to pay daily compensation for use of unit after termination date.
Eviction postponed to September 1, 2023, by mutual agreement.
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