Evictly

LTB Order LTB-L-018326-23

Citation
2023 ONLTB 27305
Decided
2023-03-29
Rental unit
40, 73 ARMDALE RD MISSISSAUGA ON L4Z0C7
Landlord
C.K.L.
Tenant
L.D.G.
RTA section
s. 77
Order under Section 77 2023 ONLTB 27305 (CanLII) Residential Tenancies Act, 2006 Citation: L. v G., 2023 ONLTB 27305 Date: 2023-03-29 File Number: LTB-L-018326-23 In the matter of: 40, 73 ARMDALE RD MISSISSAUGA ON L4Z0C7 Between: C.K.L. Landlords Linh Trinh Phan And L.D.G. Tenants Yali Zhang On March 4, 2023, C.K.L. and Linh Trinh Phan (the 'Landlords') applied for an order to terminate the tenancy and evict L.D.G. and Yali Zhang (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 Landlords and Tenants entered into an agreement to terminate the tenancy as of February 28, 2023. 2. Since the Tenants did not move out of the rental unit by the termination date, the Landlords were required to file the application to obtain vacant possession. Therefore, the Tenants are responsible for paying the Landlords for the $186.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlords and Tenants is terminated. The Tenants must move out of the rental unit on or before April 9, 2023. 2. If the unit is not vacated on or before April 9, 2023, then starting April 10, 2023, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page 1 of 2 File Number: LTB-L-018326-23 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after April 10, 2023. 2023 ONLTB 27305 (CanLII) 4. The Tenants shall also pay to the Landlords $186.00 for the cost of filing the application. 5. If the Tenant does not pay the Landlord the full amount owing on or before April 9, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 10, 2023 at 5.00% annually on the balance outstanding. March 29, 2023 ____________________________ Date Issued Ian Speers Associate Chair, 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 April 8, 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 8, 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 October 10, 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