LTB Order LTB-L-017039-23
- Citation
- 2023 ONLTB 33073
- Decided
- 2023-04-25
- Rental unit
- 3, 25 LEDUC DR ETOBICOKE ON M9W2A6
- Landlord
- 2 Torbolton Ltd.
- Tenant
- C.T.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: 2 Torbolton Ltd. v T., 2023 ONLTB 33073
2023 ONLTB 33073 (CanLII)
Date: 2023-04-25
File Number: LTB-L-017039-23
In the matter of: 3, 25 LEDUC DR
ETOBICOKE ON M9W2A6
Between: 2 Torbolton Ltd. Landlord
And
C.T. Tenant
2 Torbolton Ltd. (the 'Landlord') applied for an order to terminate the tenancy and evict C.
T. (the 'Tenant') because the Tenant gave notice to terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Tenant gave the Landlord notice to terminate the tenancy effective January 31, 2023
and the Tenant did not move out of the rental unit by the termination date set out in the
notice.
2. Since the Tenant did not move out of the rental 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 $186.00 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 rental unit on or before May 6, 2023.
2. If the unit is not vacated on or before May 6, 2023, then starting May 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 May 7, 2023.
4. The Tenant shall pay to the Landlord $186.00, for the cost of filing the application.
Order Page 1 of 2
File Number: LTB-L-017039-23
5. If the Tenant does not pay the Landlord the full amount owing on or before May 6, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from May 7,
2023 at 6.00% annually on the balance outstanding.
2023 ONLTB 33073 (CanLII)
April 25, 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 May 5, 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 May 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
November 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