LTB Order LTB-L-028394-23
- Citation
- 2023 ONLTB 38951
- Decided
- 2023-05-16
- Rental unit
- 34 KINGSWOOD DR KITCHENER ON N2E1A7
- Landlord
- Domus Inc.
- Tenant
- J.K.
- RTA section
- s. 77
Order under Section 77
2023 ONLTB 38951 (CanLII)
Residential Tenancies Act, 2006
Citation: Domus Inc. v K., 2023 ONLTB 38951
Date: 2023-05-16
File Number: LTB-L-028394-23
In the matter of: 34 KINGSWOOD DR
KITCHENER ON N2E1A7
Between: Domus Inc. Landlord
And
J.K. Tenants
Jesse K.
Domus Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict J.K.
and Jesse K. (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 filling 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 27, 2023.
2. If the unit is not vacated on or before May 27, 2023, then starting May 28, 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 28, 2023.
2023 ONLTB 38951 (CanLII)
Order Page 1 of 2
File Number: LTB-L-028394-23
May 16, 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 26, 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 26, 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 28, 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 38951 (CanLII)