Case Study

Eviction — Damage to property · Sarnia · LTB-L-056167-23

Ontario LTB order in Sarnia · February 8, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 24, 2024

Order Issued: February 8, 2024

Termination Date: February 17, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-056167-23
Address: 132 RICHARD ST, SARNIA ON N7T1S7
Form Used: N7
Amount Awarded: $9,158.15
Decision In Favor: Landlord
Application Type: Eviction — Damage to property
RTA Sections: Section 69, Section 89, Section 83

👥 Parties involved

Landlord: Destiny duncan and Brandon vanderwel
Landlord Rep: Kevin Kok
Tenant: Craig caughlin
Tenant Rep: No Representative Listed
Adjudicator: Jana Rozehnal
Keywords: eviction, damage to property, rent deposit

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before February 17, 2024. File Number: LTB-L-056167-23 Order Page 4 of 4 2. If the unit is not vacated on or before February 17, 2024, then starting February 18, 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 February 18, 2024. 4. The Tenant shall pay to the Landlord $762.48, which represents compensation for the use of the unit from December 1, 2023 to January 24, 2024, minus the last month’s rent deposit and interest accrued thereon. 5. The Tenant shall also pay the Landlord compensation of $32.88 per day for the use of the unit starting January 25, 2024 until the date the Tenant moves out of the unit. 6. The Tenant shall pay to the Landlord $8,209.67, which represents the reasonable costs of repairing the damage and replacing the damaged property. 7. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 8. The total amount the Tenant owes the Landlord is $9,158.15. 9. If the Tenant does not pay the Landlord the full amount owing on or before February 17, 2024, the Tenant will start to owe interest. This will be simple interest calculated from February 18, 2024 at 7.00% annually on the balance outstanding. February 8, 2024 ____________________________ Date Issued Jana Rozehnal Member,...

💡 Summary points

applied for an order requiring the Tenant to pay the Landlord's reasonable out- of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex. This application was heard by videoconference on January 24, 2024.
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🧑‍⚖️ Same adjudicator

Jana Rozehnal

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