LTB Order LTB-L-081138-24

File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) REQUEST FOR FRENCH LANGUAGE SERVICES I would like the dispute resolution process (e.g. case conferences and hearings) to be conducted in No French: If you are a responding party and require French Language Services, complete the Request for French Language Services form and send it by email or mail to the Landlord and Tenant Board (LTB) office handling this file. You can find email and mailing addresses on the Contact the LTB webpage. REQUEST FOR ACCOMMODATION UNDER THE ONTARIO HUMAN RIGHTS CODE Accommodations are arrangements to allow everyone, regardless of their abilities, to participate fully in the LTB's process. If you require accommodation complete the Accommodation Request form and email or mail it to the LTB office that is handling this file. The form and more information about accommodation is available at tribunalsontario.ca/en/accessibility-and-diversity/. ADDRESS OF THE RENTAL UNIT COVERED BY THIS APPLICATION Street Number: 248 Street Name: HILDA ST Unit, Apartment, Suite (if 18 UPPER applicable): Municipality (City, Town, etc): ORILLIA Postal Code: L3V1J1 Province: ON Country: Canada Page 1 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) LANDLORD NAMES AND ADDRESS LANDLORD 1 Type: Company Company Name (if applicable): Balmoral Developments Hilda Inc. o/a Hilda House Legal First Name: Erwin Legal Last Name: Kurtz Legal Middle Name (optional): Street Number: 248 Street Name: HILDA ST Unit, Apartment, Suite (if 18 LOWER applicable): Municipality (City, Town, etc): ORILLIA Postal Code: L3V1J1 Province: ON Country: Canada Email: rentals@hildahouse.com Preferred Phone Number: (705) 259-8300 Alternate Phone Number (optional): INFORMATION ABOUT THE LEGAL REPRESENTATIVE REPRESENTATIVE 1 Type: Paralegal Company Name (if applicable): De Palma & Associates Legal Services Legal First Name: Nicole Page 2 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) Legal Last Name: Fazzari Legal Middle Name (optional): Law Society of Ontario #: P13818 Street Number: 660 Street Name: ATHERLEY RD Unit, Apartment, Suite (if 6 applicable): Municipality (City, Town, etc): ORILLIA Postal Code: L3V1P2 Province: ON Country: Canada Email: nicole@depalmaparalegal.ca Preferred Phone Number: (705) 909-0805 Alternate Phone Number (optional): TENANT NAMES AND ADDRESS TENANT 1 Type: Tenant Company Name (if applicable): Legal First Name: Paige Legal Last Name: Opdenkelder Legal Middle Name (optional): Street Number: 248 Street Name: HILDA ST Page 3 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) Unit, Apartment, Suite (if 18 UPPER applicable): Municipality (City, Town, etc): ORILLIA Postal Code: L3V1J1 Province: ON Country: Canada Email: paigewieczorek@outlook.com Preferred Phone Number: Alternate Phone Number (optional): RELATED APPLICATIONS If you or your tenant filed other applications that relate to this rental unit and those applications have not been resolved, list their file numbers below. File Number IS THE TENANT STILL IN POSSESSION OF THE RENTAL UNIT? The tenant must be in possession of the rental unit when you file this application, unless you are applying for Reason 2 (because you believe the tenant abandoned the rental unit). The tenant is still in possession of the Yes rental unit: TOTAL AMOUNT TENANT OWES Total NSF charges owing: $0.00 Total Utility Cost Owing: $0.00 Total costs for damages owing: $0.00 Total costs relating to substantial Page 4 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) interference owing: $0.00 Total costs for misrepresentation $0.00 of income: Application Fee: $186.00 Total: $186.00 If the tenant moved out of the rental unit in the past year and you want to collect money you believe the former tenant owes, you may be able to file an Application to Collect Money a Former Tenant Owes (Form L10). REASONS TO END TENANCY I am applying to E. the tenant because: REASON 1: I gave the tenant one of the following Notices to End your Tenancy. The following notice(s) were given to the tenant for which this application is based on. Notice to End your Tenancy for Interfering with Notice N5 Others, Damage or Overcrowding Notice to End your Tenancy for Interfering with Notice N5 (2nd) Others, Damage or Overcrowding Notice to End your Tenancy for Illegal Acts or Notice N6 Misrepresenting Income in a Rent-Geared-to-Income Rental Unit Notice to End your Tenancy for Causing Serious Notice N7 Problems in the Rental Unit or Residential Complex Notice to End your Tenancy at the End of the Notice N8 Term Notice to End your Tenancy Because the Notice N12 Landlord, a Purchaser or a Family Member Requires the Rental Unit Notice to End your Tenancy Because the Page 5 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) Notice N13 Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use What is the termination date in the notice you selected above? 2024-10-15 REASON 2: I believe the tenant abandoned the rental unit. The tenant must owe arrears of rent for the LTB to determine that the tenant abandoned the rental unit. Why do you believe the tenant abandoned the rental unit? REASON 3: The tenant occupies a superintendent's unit and their employment as superintendent ended. The tenant's employment ended on: APPLYING TO COLLECT MONEY THE TENANT MAY OWE YOU I am applying for an order to collect money the tenant owes: Note: this application cannot be used to collect money for rent arrears the tenant may owe. REASON 1: The tenant must pay for each day they stay in the rental unit after the termination date in the notice of termination. REASON 2: The tenant must pay the bank charges and related administration charges for NSF cheques the tenant gave me. Note: the maximum administration charge you can claim for each cheque is $20.00 I have calculated the amount of NSF bank charges and my related administration charges the tenant owes me as follows: The total amount the tenant owes Page 6 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) for NSF cheques is: $0.00 INFORMATION ABOUT THE TENANT’S RENT AND RENT DEPOSIT The following information will help the LTB determine the amount of money the tenant may owe me. The current rent is: $1,947.50 The tenant is required to pay rent: Monthly If "other", please specify: The amount of rent currently on $1,900.00 deposit: The date the rent deposit was 2023-06-12 collected: The last rental period for which the tenant was paid interest on the rent deposit REASON 3: The tenant did not pay utility costs (utilities means heat, electricity and water) that they were required to pay under the terms of the tenancy agreement while they were living in the rental unit. Total of Utility Costs $0.00 REASON 4: The tenant or someone else visiting or living in the rental unit willfully or negligently caused damage to the rental unit or residential complex. The tenant must pay the reasonable costs necessary to repair or replace the damaged property. The reasonable costs I have incurred or will incur to repair or $0.00 replace the damaged property are: Page 7 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) What were the damages to the property? How did you calculate the costs you are claiming to repair or replace the damaged property? REASON 5: The tenant or someone else visiting or living in the rental unit substantially interfered with the landlord's reasonable enjoyment or lawful right, privilege or interest. The tenant must pay the reasonable out-of-pocket expenses I incurred as a result of this conduct. Note: Do not select this reason if the tenant caused damage to the rental unit or residential complex or did not pay utility bills. The reasonable costs I have $0.00 incurred are: How did the tenant or someone else visiting or living in the rental unit substantially interfere with your reasonable enjoyment or lawful right, privilege or interest? Provide details about your expenses and how they are connected to this conduct. REASON 6: The tenant lives in a rent-geared-to-income rental unit and has misrepresented their income or that of family members living in the rental unit. The tenant must pay the additional amount they would have been required to pay had they not misrepresented their income. The tenant must pay me: $0.00 How did you calculate the Page 8 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) additional amount you are claiming the tenant owes? ATTACHED DOCUMENTS DOCUMENT 1 File Name COS - N5 - SEPTEMBER 2024.PDF Application Type(s): L2 Document Type: Certificate of Service DOCUMENT 2 File Name N5 - SEPTEMBER 2024.PDF Application Type(s): L2 Document Type: N5 SIGNATURE To the best of my knowledge, the information in this form is complete and accurate. I understand that it is an offence under s.234 of the Residential Tenancies Act, 2006 to file false or misleading information in this form. Who completed the application? Applicant's Representative Who signed the application? Nicole Fazzari Completed date: 2024-10-03 COLLECTING PERSONAL INFORMATION The Landlord and Tenant Board has the right to collect the information requested on this form to resolve your application under section 185 of the Residential Tenancies Act, 2006. After you file the form, all information related to the proceeding may become publicly available in a tribunal decision, order or other document, in accordance with Tribunals Ontario's Access to Records Policy and the Tribunal Adjudicative Records Act, 2019. Parties wanting records or information to remain confidential must seek a confidentiality order from the adjudicator. If you Page 9 of 10  File Number: LTB-L-081138-24 Application Type(s): Form L2: Application to End a Tenancy and E.A. Tenant or Collect Money (Disponible en français) have questions about confidentiality orders or access to records, please contact us by email at LTB@ontario.ca or our Contact Center at 416-645-8080 or 1-888-332-3234 (toll free). Important Information from the Landlord and Tenant Board 1. It is an offence under the Residential Tenancies Act, 2006 to file false or misleading information with the Landlord and Tenant Board. 2. The LTB can order either the landlord or the tenant to pay the other's costs related to the application. 3. The LTB has Rules of Practice that set out rules related to the application process and Interpretation Guidelines that explain how the LTB might decide specific issues that could come up in an application. You can read the Rules and Guidelines on the LTB website at https://tribunalsontario.ca/ltb/rules-practice-directions-guidelines/. Page 10 of 10