Case Study

Eviction for non-payment of rent · Kingston · EAL-98209-21

Ontario LTB order in Kingston · February 3, 2022 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: January 25, 2022

Order Issued: February 3, 2022

Termination Date: April 30, 2022

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: EAL-98209-21
Address: 3, 707 king street w kingston on k7m2g3
Form Used:
Served By:
Amount Awarded: $9,957.71
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: darnell rubio
Landlord Rep: Self Represented
Tenant: bailee wilkinson , daniel leblanc
Tenant Rep: Self Represented
Adjudicator: Greg Brocanier
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

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

⚠️ Dispute summary

📑 Findings & determinations

it is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before April 30, 2022. 2. The Tenants shall pay to the Landlord $9,771.71*, which represents the amount of rent owing and compensation up to February 3, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. 3. The Tenants shall also pay to the Landlord $81.53 per day for compensation for the use of the unit starting February 4, 2022 to the date the Tenants move out of the unit. 4. The Tenant shall also pay the Landlord the rent for the months of February and March 2022 in full, on or before the twenty-first (21) day of each month. 5. If the Tenant fails to make any of the payments in accordance with paragraph 4, and by the dates required, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenant. 6. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 7. If the Tenants do not pay the Landlord the full amount owing* on or before May 7, 2022, the Tenants will start to owe interest. This will be simple interest calculated from May 8, 2022 at 2.00% annually on the balance outstanding. 8. If the unit is not vacated on or before April 30, 2022, then starting May 1, 2022, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession...

💡 Summary points

applied for an order to terminate the tenancy and evict Daniel Leblanc and Bailee Wilkinson (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on January 25, 2022.
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🧑‍⚖️ Same adjudicator

Greg Brocanier

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