LTB Order LTB-L-022258-23
- Citation
- 2023 ONLTB 40327
- Decided
- 2023-05-24
- Rental unit
- SECOND FLOOR, 161 PROSPECT ST NEWMARKET ON L3Y3T7
- Landlord
- B.S.
- Tenant
- N.D.C.
- RTA section
- s. 77
Order under Section 77
2023 ONLTB 40327 (CanLII)
Residential Tenancies Act, 2006
Citation: Namlinskaya v C., 2023 ONLTB 40327
Date: 2023-05-24
File Number: LTB-L-022258-23
In the matter of: SECOND FLOOR, 161 PROSPECT ST
NEWMARKET ON L3Y3T7
Between: B.S.
Landlords Yulia Namlinskaya
And
N.D.C. Tenant
B.S. and Yulia Namlinskaya (the 'Landlords') applied for an order to terminate the tenancy
and evict N.D.C. (the 'Tenant') because the Tenant entered into an agreement to
terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Landlords and Tenant entered into an agreement to terminate the tenancy as of March
31, 2023.
2. Since the application was filed on a no-fault basis, before the termination date, it is not
appropriate to require the Tenant to pay the application filling fee as costs.
It is ordered that:
1. The tenancy between the Landlords and Tenant is terminated. The Tenant must move out
of the rental unit on or before June 4, 2023.
2. If the unit is not vacated on or before June 4, 2023, then starting June 5, 2023, the
Landlords 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 Landlords on or after June 5, 2023.
2023 ONLTB 40327 (CanLII)
Order Page 1 of 2
File Number: LTB-L-022258-23
May 24, 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 tenant has until June 3, 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 June 3, 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
December 5, 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 40327 (CanLII)