Case Timeline
Application Date: Date not provided
Hearing Date: 2023-08-29
Order Issued: 2023-11-02
Termination Date: Date not provided
Eviction Deadline: Date not provided
Case Overview
Case Number: LTB-L-068437-22
Address: 1/2, 128 Britannia Avenue Hamilton, Ontario L8H1X1
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $16,012.40
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Subsections 83(3)(a), 83(1)
Parties Involved
Landlord: Beverley Cutler
Landlord Rep: Anthony Corso
Tenant: Brian Martinson
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, non-payment of rent, mould issues, maintenance
Decision Summary
Eviction not barred under s. 83(3)(a) as no ongoing serious breach of the Act was found.
Tenant's maintenance issues acknowledged but not deemed a serious breach at the time of the hearing.
Dispute Summary
Tenant withheld rent due to unresolved maintenance issues.
Landlord made several attempts to address the issues.
Findings & Determinations
Valid N4 Notice served.
Tenant owes $16,012.40 in rent arrears.
Landlord entitled to costs of $186.00 for filing the application.
Summary Points
Tenant failed to pay rent leading to eviction application.
Landlord served a valid N4 Notice for non-payment.
Tenant contested eviction citing maintenance issues.
View Official PDF
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