LTB Order LTB-L-022286-23

2023 ONLTB 35646 (CanLII) Order under Section 77 Residential Tenancies Act, 2006 Citation: K. v B., 2023 ONLTB 35646 Date: 2023-05-05 File Number: LTB-L-022286-23 In the matter of: UPPER, 5 CATHERINE DR BARRIE ON L4N0Y7 Between: E.K. Landlords Yaakov K. And E.B. Tenants Kimberley B. E.K. and Yaakov K. (the 'Landlords') applied for an order to terminate the tenancy and evict E.B. and Kimberley B. (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 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 Tenants to pay the application filling fee as costs. 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 May 16, 2023.  2. If the unit is not vacated on or before May 16, 2023, then starting May 17, 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 2023 ONLTB 35646 (CanLII) possession of the unit to the Landlords on or after May 17, 2023. Order Page 1 of 2 May 5, 2023 Date Issued File Number: LTB-L-022286-23 ____________________________ Trish Carson 15 Grosvenor Street, Ground Floor Member, Landlord and Tenant Board 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 May 15, 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 May 15, 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 17, 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 35646 (CanLII)