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