Evictly

LTB Order LTB-L-000832-23

Citation
2023 ONLTB 15720
Decided
2023-01-18
Rental unit
910 Windham Road 11 Delhi ON N4B2W5
Landlord
E.M.
Tenant
A.M.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 Citation: M. v M., 2023 ONLTB 15720 2023 ONLTB 15720 (CanLII) Date: 2023-01-18 File Number: LTB-L-000832-23 In the matter of: 910 Windham Road 11 Delhi ON N4B2W5 Between: E.M. Landlord And A. M. Tenants Marino aka Moreno M. E.M. (the 'Landlord') applied for an order to terminate the tenancy and evict A. M. and Marino aka Moreno M. (the 'Tenants') because the Tenants entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlord and Tenants entered into an agreement to terminate the tenancy as of April 30, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenants to pay the application filling fee as costs. It is ordered that: 1. The tenancy between the Landlord and Tenants is terminated. The Tenants must move out of the rental unit on or before April 30, 2023. 2. If the unit is not vacated on or before April 30, 2023, then starting May 1, 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 May 1, 2023. Order Page 1 of 2 January 18, 2023 Date Issued Trish Carson Member, Landlord and Tenant Board 2023 ONLTB 15720 (CanLII) 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. The tenant has until January 28, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the tenant files the motion by January 28, 2023 the order will be stayed and the LTB will schedule a hearing. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 1, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page 2 of 2