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Case Study

Eviction Order for Non-payment of Rent at 15 Herzberg Gardens

Case LTB-L-048121-22 Adjudication

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 27, 2023

Order Issued: August 25, 2023

Termination Date: September 5, 2023

Eviction Deadline: September 5, 2023

ℹ️ Case overview

Case Number: LTB-L-048121-22
Address: UPPER UNIT, 15 HERZBERG GARDENS NORTH YORK ON M3J3P5
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $7,823.12
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 97(1), Section 97(2), Section 95(4), Section 96(2), Section 83(1), Section 83(2)

👥 Parties involved

Landlord: JEFFS and HIGHGATE PROPERTY INVESTMENTS INC.
Landlord Rep: Jeff Shabes
Tenant: William Kohl, Megan Byrne, Kevin Potter
Tenant Rep: Self Represented
Adjudicator: Percy Laryea
Keywords: eviction, non-payment of rent, sublet dispute, rent arrears

⚖️ Decision summary

Tenancy terminated unless tenants pay $20,256.80 by August 31, 2023, or $22,688.90 by September 5, 2023.
If not paid, tenants must vacate by September 5, 2023.

⚠️ Dispute summary

Tenants argued rent arrears were due to inability to sublet.
Landlord did not respond to sublet requests, deemed unreasonable.

📑 Findings & determinations

Tenant owes full rent arrears as they did not meet subletting notice requirements.
Eviction upheld due to non-payment and failure to resolve subletting dispute.

💡 Summary points

Tenants failed to pay rent leading to arrears of $7,910.30 as of March 31, 2023.
Landlord served a valid N4 Notice for non-payment.
Tenants disputed the arrears citing issues with subletting permissions.
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