LTB Order LTB-L-013066-23
- Citation
- 2023 ONLTB 30885
- Decided
- 2023-04-13
- Rental unit
- UNIT 1, 245 PHIPPS ST FORT ERIE ON L2A2V4
- Landlord
- P.K.
- Tenant
- R.T.S.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: K. v S., 2023 ONLTB 30885
2023 ONLTB 30885 (CanLII)
Date: 2023-04-13
File Number: LTB-L-013066-23
In the matter of: UNIT 1, 245 PHIPPS ST
FORT ERIE ON L2A2V4
Between: P.K. Landlord
And
R.T.S. Tenant
P.K. (the 'Landlord') applied for an order to terminate the tenancy and evict R. T
S. (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 April
30, 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 Landlord and Tenant is terminated. The Tenant must move out
of the rental unit on or before April 30, 2023.
2. If the unit is not vacated on or before April 30, 2023, then starting May 1, 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 May 1, 2023.
Order Page 1 of 2
File Number: LTB-L-013066-23
April 13, 2023
Date Issued Trish Carson
Member, Landlord and Tenant Board
2023 ONLTB 30885 (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 April 23, 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 23, 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 1, 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