LTB Order LTB-L-017750-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 33334 (CanLII) Citation: O.C.H.C. v S., 2023 ONLTB 33334 Date: 2023-04-25 File Number: LTB-L-017750-23 In the matter of: 31, 255 DONALD ST O. ON K1K1N1 Between: O.C.H.C. Landlord And M.S. Tenant O.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict M.S. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on May 24, 2022 with respect to application EAL- 9245720. 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: Failure to allow the Landlord lawful entry to the unit further to the entry provisions of the Residential Tenancies Act, 2006. • On January 30, 2023, the tenant refused to allow entry to the Integrated Pest Management Team despite being properly served with a notice of entry. • On February 16, 2023, the Integrated Pest Management Team attempted to treat the unit, but the tenant refused to allow entry despite being properly served with a notice of entry Order Page: 1 of 2  File Number: LTB-L-017750-23 It is ordered that: 2023 ONLTB 33334 (CanLII) 1. Order EAL-92457-20 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 6, 2023. 3. 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. 4. 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. April 25, 2023 ____________________________ Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 5, 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 May 5, 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 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