Evictly

LTB Order LTB-L-012151-23

Citation
2023 ONLTB 30493
Decided
2023-04-12
Rental unit
Upper Unit, 136 CASTLEFIELD AVE TORONTO ON M4R1G7
Landlord
K.S.
Tenant
A.D.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 Citation: S. v D., 2023 ONLTB 30493 Date: 2023-04-12 2023 ONLTB 30493 (CanLII) File Number: LTB-L-012151-23 In the matter of: Upper Unit, 136 CASTLEFIELD AVE TORONTO ON M4R1G7 Between: K.S. Landlord And A.D. Tenant K.S. (the 'Landlord') applied for an order to terminate the tenancy and evict A.D. (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 March 15, 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 filing fee as costs. It is ordered that: 1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the rental unit on or before April 23, 2023. 2. If the unit is not vacated on or before April 23, 2023, then starting April 24, 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 April 24, 2023. April 12, 2023 Date Issued Michael Di Salle Member, Landlord and Tenant Board Order Page 1 of 2 File Number: LTB-L-012151-23 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. 2023 ONLTB 30493 (CanLII) The Tenant has until April 22, 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 April 22, 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 October 24, 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