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Case Study

Eviction Order Upheld for Non-Payment of Rent

Landlord vs. Tenant at 3, 19 Myrtle Ave, Hamilton

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 1, 2023

Order Issued: March 21, 2023

Termination Date: Not specified

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-080003-22-SA and LTB-L-074423-22-SA
Address: 3, 19 MYRTLE AVE, Hamilton ON L8M2E8
Form Used: Not specified
Served By: Not specified
Amount Awarded: $7,517.00
Decision In Favor: Landlord
Application Type: Motion to set aside an eviction order
RTA Sections: Section 77(8), Subsection 78(11)

👥 Parties involved

Landlord: Emmanuel Anastasakis
Landlord Rep: Self Represented
Tenant: Bradley Vinette and Joseph Cantwell
Tenant Rep: Self Represented
Adjudicator: Jana Rozehnal
Keywords: eviction, non-payment, motion to set aside, financial hardship, rent arrears

⚖️ Decision summary

The motion to set aside the eviction order is denied.
The eviction order remains in effect.

⚠️ Dispute summary

Tenants requested to set aside an eviction order due to non-payment.
Landlord opposed the motion citing ongoing non-payment and financial distress.

📑 Findings & determinations

Tenants breached the consent order by failing to pay rent.
It would be unfair to set aside the eviction order given the circumstances.

💡 Summary points

Tenants failed to pay rent leading to financial hardship for the landlord.
Motion to set aside the eviction order was denied.
Tenants have been in arrears since September 2022.
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🧑‍⚖️ Same adjudicator

Jana Rozehnal

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Motion to set aside an eviction order