Evictly

LTB Order LTB-L-012545-23

Citation
2023 ONLTB 31851
Decided
2023-04-18
Rental unit
208, 2300 MARINE DR OAKVILLE, ON, L6L1C3
Landlord
2300 Marine Drive Apartments Limited c/o
Tenant
K.C.
RTA section
s. 78(6)
2023 ONLTB 31851 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 2300 Marine Drive Apartments Limited c/o Realstar Management Partnership v C., 2023 ONLTB 31851 Date: 2023-04-18 File Number: LTB-L-012545-23 In the matter of: 208, 2300 MARINE DR OAKVILLE, ON, L6L1C3 Between: 2300 Marine Drive Apartments Limited c/o Landlord Realstar Management Partnership And K.C. Tenant 2300 Marine Drive Apartments Limited c/o Realstar Management Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict K.C. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on January 18, 2022 with respect to application SOL-25016-21. 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 the lawful rent for February 2023 in full on or before February 1, 2023. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before April 29, 2023. 2. If the unit is not vacated on or before April 29, 2023, then starting April 30, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 31851 (CanLII) Order Page: 1 of 2 File Number: LTB-L-012545-23 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 30, 2023. April 18, 2023 ____________________________ Date Issued Michael Di Salle Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until April 28, 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 April 28, 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 October 31, 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 31851 (CanLII)