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Case Study

Eviction Order for Non-payment of Rent

Kiani v Miyazawa, 2023 ONLTB 17081

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 19, 2023

Order Issued: February 2, 2023

Termination Date: March 2, 2023

Eviction Deadline: March 2, 2023

ℹ️ Case overview

Case Number: LTB-L-030738-22
Address: Basement, 116 YORK DOWNS DR NORTH YORK ON M3H2G7
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $4,222.41
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 82, Section 83

👥 Parties involved

Landlord: Zahra Kiani
Landlord Rep: M. Makhtari
Tenant: Tsuneaki Miyazawa
Tenant Rep: Self Represented
Adjudicator: Jitewa Edu
Keywords: eviction, non-payment of rent, N4 Notice, rent arrears, videoconference hearing

⚖️ Decision summary

Tenancy terminated unless Tenant pays specified amounts by set dates.
Tenant may void the eviction by paying full amount owing.
Eviction postponed until March 2, 2023, to allow Tenant time to pay or find alternative accommodation.

⚠️ Dispute summary

Tenant raised issues under section 82 but were not considered valid.
Tenant argued against the legality of a payment arrangement during landlord's absence.

📑 Findings & determinations

Valid N4 Notice served.
Tenant still in possession of the unit.
Lawful rent confirmed as $468.00 per month.

💡 Summary points

Tenant failed to pay rent leading to eviction notice.
Landlord served a valid N4 Notice for non-payment of rent.
Tenant did not void the notice by paying the rent arrears.
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🧑‍⚖️ Same adjudicator

Jitewa Edu

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Eviction for non-payment of rent