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Eviction Order for Unauthorized Occupancy

LTB Order Malleum Real Estate Management Corp vs Tyler Gallant

Case Timeline

Application Date: December 21, 2021
Hearing Date: July 10, 2023
Order Issued: July 24, 2023
Termination Date: August 31, 2023
Eviction Deadline: August 31, 2023

Case Overview

Case Number: LTB-L-059542-22
Address: 1B, 624 MAIN STREET EAST, HAMILTON ONTARIO L8M1J7
Form Used: N8
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for unauthorized occupancy
RTA Sections: Section 91(1) - Tenancy deemed terminated 30 days after tenant's death, Section 100(1) - Landlord may evict for unauthorized transfer of occupancy

Parties Involved

Landlord: Malleum Real Estate Management Corp
Landlord Rep: Robert Donmoyer
Tenant: Tyler Gallant
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, unauthorized occupant, tenant death, occupation rent

Decision Summary

Order to evict Tyler Gallant upheld.
No need to terminate Ronald Gallant's tenancy as it was deemed terminated upon his death.

Dispute Summary

Dispute over whether Tyler Gallant could be considered a tenant following his grandfather's death.
Landlord applied for eviction based on unauthorized occupancy.

Findings & Determinations

Tyler Gallant did not legally inherit the tenancy.
Landlord entitled to evict Tyler Gallant.

Summary Points

Tyler Gallant was found to be an unauthorized occupant after the death of Ronald Gallant.
Landlord served an N8 notice with a termination date of February 28, 2022.
Eviction order granted, tenant requested to vacate by August 31, 2023.
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