Case Study

Eviction for non-payment of rent · Kingston · LTB-L-088442-25

Ontario LTB order in Kingston · January 5, 2026 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 9, 2025

Order Issued: January 5, 2026

Termination Date: January 16, 2026

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-088442-25
Address: 4-38 RUSSELL ST, KINGSTON, ON K7K2E5
Form Used: N4
Amount Awarded: $3,510.70
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Hasan Berber
Landlord Rep: Self Represented
Tenant: Madyson Bush Payne
Tenant Rep: Self Represented
Adjudicator: Terri van Huisstede
Keywords: eviction, non-payment of rent, persistent late payment, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was dismissed.

📑 Findings & determinations

It is ordered that: L1 Application – Non-Payment of Rent 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. File Number: LTB-L-088442-25 Order Page 3 of 4 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $3,036.00 if the payment is made on or before January 16, 2026. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after January 16, 2026 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before January 16, 2026. 5. As of the date of the hearing, the amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent, compensation and the cost of filing the application the Landlord is entitled to by $2,094.79. See Schedule 1 for the calculation of the amount owing. However, the Landlord is authorized to deduct from the amount owing to the Tenant $62.30 per day for compensation for the use of the unit starting December 10, 2025 until the date the Tenant moves out of the unit. 6. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 7. If the unit is not vacated on or before Jan...

💡 Summary points

applied for an order to terminate the tenancy and evict Madyson Bush Payne (the 'Tenant') because: • the Tenant did not pay the rent that the Tenant owes (L1 Application); and • the Tenant has been persistently late in paying the Tenant's rent; (L2 Application). This application was heard by videoconference on December 9, 2025.
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🧑‍⚖️ Same adjudicator

Terri van Huisstede

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