Case Study

Eviction for non-payment of rent · Kingston · LTB-L-010853-22

Ontario LTB order in Kingston · February 14, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 12, 2023

Order Issued: February 14, 2023

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-010853-22
Address: 217, 67 Notch Hill Rd, Kingston, ON K7M2W9
Form Used: N4
Amount Awarded: $16,225.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69

👥 Parties involved

Landlord: Mackinnon development corporation
Landlord Rep: Gregg Foss attended the hearing
Tenant: Monica downey-milton and Tyler gwilliam
Tenant Rep: No Representative Listed
Adjudicator: Debbie Mosaheb
Keywords: eviction, non-payment of rent, persistent late payment, interference with reasonable enjoyment, rent deposit, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of July 6, 2022, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $15,343.95. This amount includes rent arrears owing up to June 30, 2022, and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlord the full amount owing on or before February 25, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 26, 2023 at 5.00% annually on the balance outstanding. 4. The L2 application is dismissed. February 14, 2023 ____________________ Date Issued Debbie Mosaheb Member, Landlord and Tenant Board 15 Grosvenor St, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 20638 (CanLII) Order Page: 3 of 3

💡 Summary points

applied for an order to terminate the tenancy and evict Monica Downey-Milton and Tyler Gwilliam (the 'Tenants') because: • the Tenants did not pay the rent that the Tenants owe (L1 application). • the Tenants have been persistently late in paying the Tenants’ rent • the Tenants, another occupant of the rental unit or someone the Tenants permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant (L2 application). The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on January 12, 2023.
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🧑‍⚖️ Same adjudicator

Debbie Mosaheb

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