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Case Study

Eviction Order for Landlord's Personal Use

LTB Order LTB-L-009041-23

🕑 Case timeline

Application Date: January 29, 2023

Hearing Date: June 13, 2023

Order Issued: July 10, 2023

Termination Date: July 21, 2023

Eviction Deadline: July 21, 2023

ℹ️ Case overview

Case Number: LTB-L-009041-23
Address: BASEMENT, 302 EAST 27TH ST HAMILTON ON L8V3G6
Form Used: N12 Notice of Termination
Served By: Landlord
Amount Awarded: One month's rent waived for November 2022
Decision In Favor: Landlord
Application Type: Eviction for landlord's personal use
RTA Sections: Section 48.1, Section 55.1, Section 83(1), Section 83(2), Section 83(4)

👥 Parties involved

Landlord: Erika Nicole Fairservice
Landlord Rep: Self Represented
Tenant: Brendan Dove
Tenant Rep: Not present
Adjudicator: Frank Ebner
Keywords: eviction, personal use, good faith, compensation, N12, uncontested

⚖️ Decision summary

Tenancy terminated.
Tenant must vacate by July 21, 2023.
No relief from eviction granted to the tenant.

⚠️ Dispute summary

Landlord seeks to evict tenant to occupy the unit personally.
Tenant previously agreed to vacate but did not.

📑 Findings & determinations

Landlord has proven grounds for termination on a balance of probabilities.
Compensation was duly paid.

💡 Summary points

Landlord requires the basement unit for personal residence.
Tenant did not attend the hearing.
Compensation equivalent to one month's rent was provided.
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🧑‍⚖️ Same adjudicator

Frank Ebner

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