Case Study

Eviction for non-payment of rent · Cornwall · LTB-L-030625-22

Ontario LTB order in Cornwall · August 2, 2023 · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: May 29, 2023

Order Issued: August 2, 2023

Termination Date: September 15, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-030625-22
Address: 521 YORK ST, CORNWALL ON K6J3Z9
Form Used: N5
Served By:
Amount Awarded: $18,337.02
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 89, Section 82, Section 83

👥 Parties involved

Landlord: Jeanie warnock
Landlord Rep: Self Represented
Tenant: Alan romaniuk
Tenant Rep: Self Represented
Adjudicator: Mark Melchers
Keywords: eviction, non-payment of rent, persistent late payment, damage to property, interference with reasonable enjoyment, rent deposit, set aside, maintenance and repairs, rent arrears

⚖️ Decision summary

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

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. Pursuant to the L2 Application, the tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before September 15, 2023. 2. The Tenant shall pay to the Landlord $17,630.58. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. The Tenant shall also pay the Landlord compensation of $44.38 per day for the use of the unit starting May 30, 2023 until the date the Tenant moves out of the unit. 4. If the Tenant does not pay the Landlord the full amount owing on or before September 15, 2023, the Tenant will start to owe interest. This will be simple interest calculated from September 16, 2023 at 6.00% annually on the balance outstanding. 5. If the unit is not vacated on or before September 15, 2023, then starting September 16, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. File Number: LTB-L-030625-22 Order Page 6 of 7 6. 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 September 16, 2023. August 2, 2023 ____________________________ Date Issued Mark Melchers Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6

💡 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 May 29, 2023.
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🧑‍⚖️ Same adjudicator

Mark Melchers

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