Case Study

Eviction — Damage to property · Kingston · LTB-L-025831-23

Ontario LTB order in Kingston · March 25, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 28, 2024

Order Issued: March 25, 2024

Termination Date: April 24, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-025831-23
Address: 3, 651 VICTORIA ST KINGSTON ON K7K4S3
Form Used: N5
Served By:
Amount Awarded: $7,128.00
Decision In Favor: Landlord
Application Type: Eviction — Damage to property
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: Michael Donovan
Landlord Rep: Self Represented
Tenant: Maria Leeman
Tenant Rep: Self Represented
Adjudicator: Robert Brown
Keywords: eviction, damage to property, interference with reasonable enjoyment, rent deposit

⚖️ Decision summary

This Landlord application — Eviction — Damage to property — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 2024 ONLTB 21323 (CanLII) File Number: LTB-L-025831-23 Order Page 4 of 5 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before April 24, 2024. 2. If the unit is not vacated on or before April 24, 2024, then starting April 25, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after April 25, 2024. 4. The Tenant shall pay to the Landlord $7,128.00, LESS ANY RENT PAID SINCE MARCH 1, 2023, which represents compensation for the use of the unit from March 1, 2023, to February 28, 2024. 5. The Tenant shall also pay the Landlord compensation of $19.53 per day for the use of the unit starting February 29, 2024, until the date the Tenant moves out of the unit. 6. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 7. The Landlord owes $525.06 which is the amount of the rent deposit and interest on the rent deposit, and this is deducted from the amount owing by the Tenant. 8. The total amount the Tenant owes the Landlord is $6,788.94. 9. If the Tenant does not pay the Landlord the full amount owing on or before April 24, 2024, the Tenant will start to owe interest. This will be simple interest calculated from April 25, 2024, at 7.00% annually on the balance outstanding. March 25, 2024 ____________________________ Date Issued Robert Brown Member, Landl...

💡 Summary points

applied for an order to terminate the tenancy and evict Maria Leeman (the 'Tenant') because: • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant; • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has wilfully or negligently caused damage to the premises. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on February 28, 2024.
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🧑‍⚖️ Same adjudicator

Robert Brown

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