LTB Order LTB-L-020519-23
- Citation
- 2023 ONLTB 34912
- Decided
- 2023-05-08
- Rental unit
- 34 SURREY ST WEST GUELPH ON N1H3R4
- Landlord
- 966129 Ontario Inc c/o Franca Haley
- Tenant
- K.V.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: 966129 Ontario Inc v V., 2023 ONLTB 34912
2023 ONLTB 34912 (CanLII)
Date: 2023-05-08
File Number: LTB-L-020519-23
In the matter of: 34 SURREY ST WEST
GUELPH ON N1H3R4
Between: 966129 Ontario Inc c/o Franca Haley Landlord
And
K.V. Tenants
Morgan Fernandes
Sean Herkimer
Tristan Elkin
966129 Ontario Inc c/o Franca Haley (the 'Landlord') applied for an order to terminate the tenancy
and evict K.V., Morgan Fernandes, Sean Herkimer and Tristan Elkin (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 April 30, 2023.
2. Since the application was filed on a no-fault basis, before the termination date, it is not
appropriate to require the Tenants to pay the application filing fee as costs.
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 19, 2023.
2. If the unit is not vacated on or before May 19, 2023, then starting May 20, 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 20, 2023.
Order Page 1 of 2
File Number: LTB-L-020519-23
May 8, 2023
Date Issued Trish Carson
Member, Landlord and Tenant Board
15 Grosvenor Street, Ground Floor
2023 ONLTB 34912 (CanLII)
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 has until May 18, 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 18, 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 20, 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