LTB Order LTB-L-010360-23

Order under Section 77 Residential Tenancies Act, 2006 Citation: McCauley v W., 2023 ONLTB 21339 2023 ONLTB 21339 (CanLII) Date: 2023-02-21 File Number: LTB-L-010360-23 In the matter of: Lower, 602 Piccadilly Street London Ontario N5Y3G8 Between: J.M.R. Landlord And D.W. Tenant J. McCauley- Exclusive R. (the 'Landlord') applied for an order to terminate the tenancy and evict D.W. (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 Landlord and Tenant entered into an agreement to terminate the tenancy as of December 31, 2022 and the Tenant did not move out of the R. unit by the termination date set out in the agreement. 2. Since the Tenant did not move out of the R. unit by the termination date, the Landlord was required to file the application to obtain vacant possession. Therefore, the Tenant is responsible for paying the Landlord for the $201.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the R. unit on or before March 4, 2023. 2. If the unit is not vacated on or before March 4, 2023, then starting March 5, 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 5, 2023. 4. The Tenant shall pay to the Landlord $201.00, for the cost of filing the application. Order Page 1 of 2  5. If the Tenant does not pay the Landlord the full amount owing on or before March 4, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 5, 2023 at 5.00% annually on the balance outstanding. 2023 ONLTB 21339 (CanLII) February 21, 2023 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 tenant has until March 3, 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 March 3, 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 5, 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 R. unit is located. Order Page 2 of 2