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Case Study

LTB Order Dismissal for Non-payment of Rent and Damage Claims

Case LTB-L-033699-22

🕑 Case timeline

Application Date: May 18, 2022

Hearing Date: May 3, 2023

Order Issued: July 14, 2023

Termination Date: April 5, 2022 or March 9, 2022

Eviction Deadline: Not applicable - applications dismissed

ℹ️ Case overview

Case Number: LTB-L-033699-22
Address: 164 BONNECHERE STREET E., EGANVILLE ON K0J1T0
Form Used: L1 and L2
Served By: Not specified
Amount Awarded: Not applicable - applications dismissed
Decision In Favor: None - applications dismissed
Application Type: Eviction for non-payment of rent and damage to premises
RTA Sections: Section 69, Section 134(1.1), Section 2(1)

👥 Parties involved

Landlord: Hla Din
Landlord Rep: Self Represented
Tenant: Ashley Porath and Greg Schofield
Tenant Rep: Self Represented
Adjudicator: Alicia Johnson
Keywords: eviction, non-payment of rent, damage, utilities, jurisdiction

⚖️ Decision summary

Board dismissed the L1 and L2 applications due to tenants not being in possession at the time of filing.

⚠️ Dispute summary

Dispute over non-payment of rent and damages to the rental unit.
Conflict regarding the actual move-out date of tenants.

📑 Findings & determinations

Applications dismissed due to lack of jurisdiction.
Landlord filed a subsequent L10 Application.

💡 Summary points

Landlord filed applications for eviction due to non-payment of rent and damages.
Tenants had moved out before the applications were filed.
Board lacked jurisdiction as tenants were not in possession at the time of filing.
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🧑‍⚖️ Same adjudicator

Alicia Johnson