Landlord Wins Eviction Case: Seman v Middleton, Sheasgreen
LTB Upholds Landlord's Eviction Order in Seman v Middleton, Sheasgreen
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 149 Holitman Drive, Nepean, ON K2J1P6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Nov 2021
Hearing Date
Mar 2022
Order Date
Jun 14, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.
Determinations
- No serious error in the order or the Board's proceeding
- Tenants failed to exercise due diligence
- Tenants were reasonably able to participate in the hearing
Case Study
The Tenants were reasonably able to participate in the hearing, but failed to exercise due diligence. The Tenants' request to review the order on the grounds of serious error was also denied, as they did not identify any serious error in the order or the Board's proceeding.
Arguments and Actions
Tenant
Arguments
Tenants alleged the Member made their decision based on misleading evidence and lies submitted by the Landlord, and that the Landlord never paid them compensation equal to one month's rent as required for having served them an N12 Notice of Termination.
Actions
Tenants did not attend the hearing, despite indicating they had issues they wanted addressed.
Procedural Errors
Tenants failed to exercise due diligence in attending the hearing.
Decision Summary
The request to review order EAL-95828-21-RV issued on May 10, 2022, is denied. The order is confirmed and remains unchanged.
Adjudicator Details
LTB Member
Total Orders
558
Landlord Favorable
92.3%
Tenant Favorable
3.9%
Mutual Agreement
3.8%
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Financial Details
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