Evictly

LTB Order LTB-L-022716-23

Citation
2023 ONLTB 35479
Decided
2023-05-09
Rental unit
317 EAST 16TH ST HAMILTON ON L9A4K1
Landlord
N.S.
Tenant
J.M.
RTA section
s. 77
Order under Section 77 2023 ONLTB 35479 (CanLII) Residential Tenancies Act, 2006 Citation: S. v M., 2023 ONLTB 35479 Date: 2023-05-09 File Number: LTB-L-022716-23 In the matter of: 317 EAST 16TH ST HAMILTON ON L9A4K1 Between: N.S. Landlords Serena S. And J.M. Tenants Maddisin M. Mykayla M. N.S. and Serena S. (the 'Landlords') applied for an order to terminate the tenancy and evict J.M., Maddisin M. and Mykayla M. (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 April 1, 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 Landlords and Tenants is terminated. The Tenants must move out of the rental unit on or before May 20, 2023. 2. If the unit is not vacated on or before May 20, 2023, then starting May 21, 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 May 21, 2023. Order Page 1 of 2 2023 ONLTB 35479 (CanLII) File Number: LTB-L-022716-23 May 9, 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 19, 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 19, 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 21, 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 35479 (CanLII)