Case Study

Eviction — Damage to property · Kingston · LTB-L-012077-22

Ontario LTB order in Kingston · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 10, 2023

Order Issued: Not Available

Termination Date: February 12, 2023

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-012077-22
Address: 110, 550 Kingston Rd, Toronto ON M4E3V6
Form Used: N5
Amount Awarded: $5,525.20
Decision In Favor: Landlord
Application Type: Eviction — Damage to property
RTA Sections: Section 69, Section 83, Section 89

👥 Parties involved

Landlord: Houselink and Mainstay community housing
Landlord Rep: Self Represented
Tenant: Joshua rossi
Tenant Rep: Self Represented
Adjudicator: Terri van Huisstede
Keywords: eviction, damage to property, interference with reasonable enjoyment, rent deposit, maintenance and repairs

⚖️ 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 12, 2023. 2. If the unit is not vacated on or before February 12, 2023, then starting February 13, 2023, 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 13, 2023. 4. The Tenant shall pay to the Landlord $5,339.20, which represents the reasonable costs of repairing the damage and/or replacing the damaged property. 5. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 2023 ONLTB 15617 (CanLII) File Number: LTB-L-012077-22 Order Page 4 of 3 6. The total amount the Tenant owes the Landlord is $5,525.20. 7. If the Tenant does not pay the Landlord the full amount owing on or before February 12, 2023, the Tenant will start to owe interest. This will be simple interest calculated from February 13, 2023 at 5.00% annually on the balance outstanding. January 18, 2023 Date Issued Terri van Huisstede 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 January 10, 2023.
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🧑‍⚖️ Same adjudicator

Terri van Huisstede

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