Evictly

LTB Order LTB-L-009978-23

Citation
2023 ONLTB 21803
Decided
2023-02-23
Rental unit
UNIT 86, 37 FOUR WINDS DR NORTH YORK ON M3J1K7
Landlord
D.M.
Tenant
M.S.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 Citation: M. v S., 2023 ONLTB 21803 2023 ONLTB 21803 (CanLII) Date: 2023-02-23 File Number: LTB-L-009978-23 In the matter of: UNIT 86, 37 FOUR WINDS DR NORTH YORK ON M3J1K7 Between: D.M. Landlord And M.S. Tenants Marlon S. D.M. (the 'Landlord') applied for an order to terminate the tenancy and evict M. S. and Marlon S. (the 'Tenants') because the Tenants gave notice to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Tenants gave the Landlord notice to terminate the tenancy effective February 14, 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 March 6, 2023. 2. If the unit is not vacated on or before March 6, 2023, then starting March 7, 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 March 7, 2023. Order Page 1 of 2 February 23, 2023 2023 ONLTB 21803 (CanLII) Date Issued Trish Carson Member, Landlord and Tenant Board 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 Tenants have until March 5, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the Tenants file the motion by March 5, 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 September 7, 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