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LTB Order - Fernandez v Dennis

Eviction Order and Compensation Claim

Case Timeline

Application Date: Date not provided
Hearing Date: April 6, 2023
Order Issued: August 9, 2023
Termination Date: September 30, 2022
Eviction Deadline: September 30, 2022

Case Overview

Case Number: LTB-L-044227-22
Address: 1, 47 Osijek Cres Brantford ON N3P1Z4
Form Used: N8 Notice, N12 Notice
Served By: Landlord
Amount Awarded: $186.00 for the cost of filing the application
Decision In Favor: Landlord partially
Application Type: Eviction for non-payment of rent and purchaser's own use
RTA Sections: Section 69, Section 78, Section 49(1), Subsection 72(1)(a), Subsection 72(1.1)

Parties Involved

Landlord: Mary Fernandez, Danny Fernandez
Landlord Rep: Krystal Campbell
Tenant: Dahlia Avia Dennis
Tenant Rep: Tenant Duty Counsel
Adjudicator: Not specified
Keywords: Eviction, Non-payment of rent, Purchaser's own use, Compensation, Conditional order

Decision Summary

Tenant to pay $186.00 for application costs.
Eviction for purchaser's own use denied due to lack of proper declaration.

Dispute Summary

Landlords allege tenant's persistent late payments.
Tenant claims financial hardship during pandemic affected payment ability.

Findings & Determinations

Conditional order issued based on tenant's improved financial status.
N12 Notice found invalid as purchaser did not intend personal use of the unit.

Summary Points

Tenant persistently late in rent payments.
Landlords seeking eviction for non-payment and sale of property.
Conditional eviction order issued, full eviction denied.
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