Case Study

Eviction Order Upheld for Non-payment of Rent

Case LTB-L-001257-23-SA

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 17, 2023

Order Issued: July 24, 2023

Termination Date: June 30, 2023

Eviction Deadline: Immediate enforcement post-order

ℹ️ Case overview

Case Number: LTB-L-001257-23-SA

Address: 705, 1100 Caven, Mississauga ON L5G4N3

Form Used: LTB-L020583-22

Served By: Not specified

Amount Awarded: $7,770.00

Decision In Favor: Landlord

Application Type: Eviction for non-payment of rent

RTA Sections: Section 78(11)

👥 Parties involved

Landlord: Leigh Smeraldo

Landlord Rep: Self Represented

Tenant: Brianna Neto, Eliza Neto, Susana Neto, Steven Neto, Jacob Neto

Tenant Rep: Steven Neto

Adjudicator: Alicia Johnson

Keywords: eviction, non-payment, mediated order, set aside motion, rent arrears

⚖️ Decision summary

Motion to set aside eviction order denied.
Stay of eviction order lifted immediately.

⚠️ Dispute summary

Tenants requested set aside of eviction based on financial difficulties and illness.
Landlord cited ongoing rent arrears and poor communication from Tenants.

📑 Findings & determinations

It would be unfair to set aside the eviction order.
Insufficient income to afford ongoing rent and new arrears.

💡 Summary points

Tenants failed to pay January 2023 rent.
Tenants attempted to use last month's rent deposit for January 2023 payment.
Landlord opposed delay in lifting stay due to financial hardship.

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