LTB Order LTB-L-007721-23

Order under Section 77 Residential Tenancies Act, 2006 Citation: B.U. INC. v R., 2023 ONLTB 18166 2023 ONLTB 18166 (CanLII) Date: 2023-02-03 File Number: LTB-L-007721-23 In the matter of: 9 Westbourne Road Hamilton Ontario L8S3M1 Between: B.U. INC. Landlords JOSEPH DI DONATO SVENN OPPERMANN And E.R. Tenant B.U. Inc, Joseph Di Donato and Svenn Oppermann (the 'Landlords') applied for an order to terminate the tenancy and evict E.R. (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlords and Tenant entered into an agreement to terminate the tenancy as of May 1, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenant to pay the application filling fee as costs. It is ordered that: 1. The tenancy between the Landlords and Tenant is terminated. The Tenant must move out of the rental unit on or before May 1, 2023. 2. If the unit is not vacated on or before May 1, 2023, then starting May 2, 2023, the Landlords 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 Landlords on or after May 2, 2023. Order Page 1 of 2  February 3, 2023 Date Issued Trish Carson Member, Landlord and Tenant Board 2023 ONLTB 18166 (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 February 13, 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 February 13, 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 2, 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