Bamidipati v Cleary

Split/Other wins · Oshawa · 2021-04-16

Adjudicator

Michael Di Salle

Dispute

Tenant-initiated Termination

Landlord

A.B.

Tenant

D.C., J.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord and Tenants signed an agreement to terminate the tenancy as of May 1, 2021.

The ruling

The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before May 1, 2021. If the unit is not vacated on or before May 1, 2021, then starting May 2, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. However, as of the date this order was issued, the Sheriff cannot enforce this order as a result of Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act on April 8, 2021. The Tenant cannot be evicted from the rental unit while this regulation is in force. Eviction by the Sheriff may occur after the regulation is removed by the Ontario Government.