LTB Order LTB-L-014188-23
- Citation
- 2023 ONLTB 21930
- Decided
- 2023-02-23
- Rental unit
- 90, 6767 Thoroldstone Road Niagara Falls Ontario L2J3W9
- Landlord
- A.H.
- Tenant
- B.J.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: H. v J., 2023 ONLTB 21930
2023 ONLTB 21930 (CanLII)
Date: 2023-02-23
File Number: LTB-L-014188-23
In the matter of: 90, 6767 Thoroldstone Road
Niagara Falls Ontario L2J3W9
Between: A.H. Landlord
And
B.J. Tenants
Nicole J.
A.H. (the 'Landlord') applied for an order to terminate the tenancy and evict B.
J. and Nicole J. (the 'Tenants') because the Tenants entered into an agreement to
terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Landlord and Tenants entered into an agreement to terminate the tenancy as of
February 15, 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
Date Issued Trish Carson
Member, Landlord and Tenant Board
2023 ONLTB 21930 (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 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