Case Study

Eviction Order for Non-payment of Rent

Case LTB-L-068437-22

🕑 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

ℹ️ 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.

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🏷️ Related by keywords

eviction non-payment of rent mould issues maintenance

🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Eviction for non-payment of rent