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Case Study

Eviction Order for Personal Use - Aurel Dervishi v Janelle Moore

LTB Order for Vacant Possession by Landlord's Daughter

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 13, 2023

Order Issued: July 6, 2023

Termination Date: July 17, 2023

Eviction Deadline: July 17, 2023

ℹ️ Case overview

Case Number: LTB-L-010918-23
Address: 483 Park, Peterborough ON K9K4R5
Form Used: N12
Served By: Landlord
Amount Awarded: Interest on the rent deposit of $73.53
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 69, Subsection 106(10), Subsection 83(2), Subsection 83(1)

👥 Parties involved

Landlord: Aurel Dervishi
Landlord Rep: Self Represented
Tenant: Janelle Moore
Tenant Rep: Not represented
Adjudicator: Kelly Delaney
Keywords: eviction, personal use, N12 notice, non-appearance, good faith

⚖️ Decision summary

Tenancy terminated effective July 17, 2023.
Tenant must vacate or face enforcement by Sheriff from July 18, 2023.

⚠️ Dispute summary

Landlord applied to evict tenant for personal use of the unit by his daughter.
Tenant did not attend the hearing despite being properly served.

📑 Findings & determinations

Landlord proved grounds for termination on balance of probabilities.
Tenant was in possession of unit when application was filed.
Landlord's daughter intends to occupy the unit for at least one year.

💡 Summary points

Landlord requires the rental unit for daughter's residential use.
Tenant compensated with one month's rent; did not appear at hearing.
Eviction order granted with specific move-out date.
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🧑‍⚖️ Same adjudicator

Kelly Delaney

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Eviction for personal use of property