LTB Order LTB-L-004742-23
- Citation
- 2023 ONLTB 26330
- Decided
- 2023-03-17
- Rental unit
- 108, 217 Morningside Ave Toronto Ontario M1E3E4
- Landlord
- Amaz Property Management
- Tenant
- U.S.
- RTA section
- s. 78(6)
2023 ONLTB 26330 (CanLII)
Order under Section 78(6)
Residential Tenancies Act, 2006
Citation: Amaz Property Management v S., 2023 ONLTB 26330
Date: 2023-03-17
File Number: LTB-L-004742-23
In the matter of: 108, 217 Morningside Ave
Toronto Ontario M1E3E4
Between: Amaz Property Management Landlord
And
U.S. Tenant
Amaz Property Management (the 'Landlord') applied for an order to terminate the tenancy and evict
U.S. (the 'Tenant') because the Tenant did not meet a condition specified in the order
issued by the LTB on October 18, 2022 with respect to application LTB-L032474-22.
This application was decided without a hearing being held.
Determinations:
1. The order provides that the Landlord can apply to the LTB under section 78 of the Residential
Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the
Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed
within 30 days of the breach.
2. I find that the Tenant has not met the following condition specified in the order:
The Tenant failed to pay to the Landlord the lawful rent for December 2022 in full on or before
December 1, 2022.
It is ordered that:
1. Order LTB-L-032474-22 is cancelled.
2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the
rental unit on or before March 28, 2023.
3. If the unit is not vacated on or before March 28, 2023, then starting March 29, 2023, the Landlord
may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Order Page: 1 of 2
2023 ONLTB 26330 (CanLII)
File Number: LTB-L-004742-23
4. 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 March 29, 2023.
March 17, 2023 ____________________________
Date Issued Elle Venhola
Member, Landlord and Tenant Board
15 Grosvenor Street, Ground Floor,
Toronto ON M7A 2G6
The Tenant has until March 27, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of
the Act. If the Tenant files the motion by March 27, 2023 the order will be stayed and the LTB will schedule
a hearing.
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September
29, 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
2023 ONLTB 26330 (CanLII)