Evictly

LTB Order LTB-L-023637-23

Citation
2023 ONLTB 35582
Decided
2023-05-05
Rental unit
41 YELLOW BIRCHWAY NORTH YORK ON M2H2S9
Landlord
A.C.
Tenant
C.S.
RTA section
s. 77
Order under Section 77 2023 ONLTB 35582 (CanLII) Residential Tenancies Act, 2006 Citation: C. v Service, 2023 ONLTB 35582 Date: 2023-05-05 File Number: LTB-L-023637-23 In the matter of: 41 YELLOW BIRCHWAY NORTH YORK ON M2H2S9 Between: A.C. Landlord And C.S. Tenants Natasha Service A.C. (the 'Landlord') applied for an order to terminate the tenancy and evict C. S. and Natasha Service (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 Landlord and Tenants entered into an agreement to terminate the tenancy as of 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 16, 2023. 2. If the unit is not vacated on or before May 16, 2023, then starting May 17, 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 17, 2023. 2023 ONLTB 35582 (CanLII) Order Page 1 of 2 File Number: LTB-L-023637-23 May 5, 2023 ____________________________ Date Issued Trish Carson Member, Landlord and Tenants 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 15, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the Tenants file 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 35582 (CanLII)