LTB Order LTB-L-022973-23

Order under Section 77 2023 ONLTB 36721 (CanLII) Residential Tenancies Act, 2006 Citation: M. v B., 2023 ONLTB 36721 Date: 2023-05-09 File Number: LTB-L-022973-23 In the matter of: BASEMENT, 1109 GREENHILL AVE Oshawa ON L1K0X7 Between: E.M. Landlord And E.B. Tenant E.M. (the 'Landlord') applied for an order to terminate the tenancy and evict E. B. (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 Landlord and Tenant entered into an agreement to terminate the tenancy as of March 15, 2023. 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 are responsible for paying the Landlord for the $186.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlord and Tenant is terminated. The Tenant 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 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 21, 2023.  4. If the Tenant does not pay the Landlord the full amount owing on or before May 20, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 21, 2023 at 6.00% annually on the balance outstanding. Order Page 1 of 2 2023 ONLTB 36721 (CanLII) File Number: LTB-L-022973-23 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 tenant has 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 tenant 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 36721 (CanLII)