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Case Study

LTB Order on Eviction for Personal Use - Case LTB-L-052671-22

Decision on Landlord's Application for Eviction at 7216 GAGLIANO DR

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 17, 2023

Order Issued: June 14, 2023

Termination Date: September 30, 2022

Eviction Deadline: September 30, 2022

ℹ️ Case overview

Case Number: LTB-L-052671-22
Address: 7216 GAGLIANO DR, MISSISSAUGA ON L5W1X4
Form Used: N12
Served By: Landlord
Amount Awarded: One month's rent to be refunded by Tenants if cashed
Decision In Favor: Tenant
Application Type: Eviction for personal use of property
RTA Sections: Section 2(1) - Definition of tenancy agreement, Section 38(1) - Deemed renewal of tenancy

👥 Parties involved

Landlord: Daljit Banga, Santosh Banga
Landlord Rep: H. Luthra
Tenant: Anna Jose Aparico, Rafael Serrano
Tenant Rep: Rafael Serrano
Adjudicator: Jitewa Edu
Keywords: eviction, personal use, termination notice, N12, compensation, tenancy agreement

⚖️ Decision summary

Based on evidence of a new tenancy agreement and improper termination notice, the eviction application was dismissed.

⚠️ Dispute summary

Landlords intended to evict for personal use.
Tenants provided evidence of a new tenancy agreement.

📑 Findings & determinations

Notice served was premature as a new tenancy agreement was in place.
Landlords' application for eviction dismissed.

💡 Summary points

Landlords applied for eviction to occupy unit for their child.
Tenants contested the termination based on a new tenancy agreement via text messages.
Application dismissed due to premature termination notice.
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