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Case Study

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

ℹ️ 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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🧑‍⚖️ Same adjudicator

Not specified