Evictly

LTB Order LTB-L-027507-23

Citation
2023 ONLTB 34940
Decided
2023-05-03
Rental unit
328, 900 QUEEN'S PLATE DRIVE ETOBICOKE ON M9W6Z3
Landlord
TORONTO COMMUNITY HOUSING CORP.
Tenant
S.S.
RTA section
s. 78(6)
Order under Section 78(6) Residential Tenancies Act, 2006 Citation: TORONTO COMMUNITY HOUSING CORP. v S.S., 2023 ONLTB 34940 2023 ONLTB 34940 (CanLII) Date: 2023-05-03 File Number: LTB-L-027507-23 In the matter of: 328, 900 QUEEN'S PLATE DRIVE ETOBICOKE ON M9W6Z3 Between: TORONTO COMMUNITY HOUSING CORP. Landlord And S.S. Tenant TORONTO COMMUNITY HOUSING CORP. (the 'Landlord') applied for an order to terminate the tenancy and evict S.S. (the 'Tenant’) because the Tenant did not meet a condition specified in the order issued by the LTB on March 29, 2023, with respect to application LTB-L- 006575-23-AM. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition(s) specified in the order: a) The Tenant failed to permit the Landlord entry to the rental unit to inspect the state of the unit on March 20 and March 31, 2023 It is ordered that: 1. Order LTB-L-006575-23-AM is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 14, 2023. 3. If the unit is not vacated on or before May 14, 2023, then starting May 15, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 1 of 2 File Number: LTB-L-027507-23 4. 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 15, 2023. 2023 ONLTB 34940 (CanLII) May 3, 2023 Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 13, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by May 13, 2023, the order will be stayed and the LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on November 15, 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