LTB Order LTB-L-018579-23
- Citation
- 2023 ONLTB 36332
- Decided
- 2023-05-10
- Rental unit
- 310, 41 MARKBROOK LANE ETOBICOKE ON M9V5E6
- Landlord
- S.B.
- Tenant
- B.S.
- RTA section
- s. 77
2023 ONLTB 36332 (CanLII)
Order under Section 77
Residential Tenancies Act, 2006
Citation: B. v S., 2023 ONLTB 36332
Date: 2023-05-10
File Number: LTB-L-018579-23
In the matter of: 310, 41 MARKBROOK LANE
ETOBICOKE ON M9V5E6
Between: S.B. Landlord
And
B.S. Tenants
Sukhdeep S.
S.B. (the 'Landlord') applied for an order to terminate the tenancy and evict B.
S. and Sukhdeep S. (the 'Tenants') because the Tenants gave notice to terminate the
tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Tenants gave the Landlord notice to terminate the tenancy effective February 28,
2023, and the Tenants did not move out of the rental unit by the termination date set out in
the notice.
2. Since the Tenants 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 Tenants 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 Tenants is terminated. The Tenants must move out
of the rental unit on or before May 21, 2023.
2. If the unit is not vacated on or before May 21, 2023, then starting May 22, 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 22, 2023.
2023 ONLTB 36332 (CanLII)
Order Page 1 of 2
File Number: LTB-L-018579-23
4. The Tenants shall pay to the Landlord $186.00, for the cost of filing the application.
5. If the Tenants does not pay the Landlord the full amount owing on or before May 21, 2023,
the Tenants will start to owe interest. This will be simple interest calculated from May 22,
2023, at 6.00% annually on the balance outstanding.
May 10, 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 Tenants have until May 20, 2023, to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the Tenants files the motion by May 20, 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 22, 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
2023 ONLTB 36332 (CanLII)