Case Study

Eviction for non-payment of rent · Kingston · EAL-97221-21

Ontario LTB order in Kingston · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: September 13, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: EAL-97221-21
Address: 02, main floor, 36 charles street kingston on k7k1v4
Amount Awarded: $4,301.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: Jerry mcconnell
Landlord Rep: Self Represented
Tenant: Ben volfson and Jessica cartwright
Tenant Rep: Self Represented
Adjudicator: Jim McMaster
Keywords: eviction, non-payment of rent, rent deposit, set aside, rent arrears

⚖️ Decision summary

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

📑 Findings & determinations

It is ordered that: 1. Order EAL-95362-21 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before September 13, 2021. 3. The Tenants shall pay to the Landlord $3,381.62*. This amount represents the rent owing up to September 2, 2021 and the costs related to the application fee for the previous application, less the rent deposit and interest the Landlord owes on the rent deposit. 4. The Tenants shall also pay to the Landlord $41.10 per day for compensation for the use of the unit starting September 3, 2021 to the date the Tenants move out of the unit. 5. If the Tenants do not pay the Landlord the full amount owing* on or before September 13, 2021, the Tenants will start to owe interest. This will be simple interest calculated from September 14, 2021 at 2.00% annually on the balance outstanding. 6. If the unit is not vacated on or before September 13, 2021, then starting September 14, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 7. 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 14, 2021. September 2, 2021 Date Issued Jim McMaster Member, Landlord and Tenant Board Eastern-RO 255 Albert Street, 4th Floor Ottawa ON K1P6A9 The tenants have until September 12, 2021 to file a motion with the Board to set aside the order under s. 78(9) of the Act. If the tenants file the motion by September 12, 2021 the order will be sta...

💡 Summary points

applied for an order to terminate the tenancy and evict Ben Volfson and Jessica Cartwright (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants failed to meet a condition specified in the order issued by the Board on August 17, 2021 with respect to application EAL-95362-21.
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Jim McMaster

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