Evictly

LTB Order LTB-L-030937-23

Citation
2023 ONLTB 36661
Decided
2023-05-17
Rental unit
105, 1400 APPLETON DR GLOUCESTER ON K1B4R9
Landlord
Paramount Properties in Trust for South Point
Tenant
A.L.
RTA section
s. 78(6)
2023 ONLTB 36661 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Paramount Properties v L., 2023 ONLTB 36661 Date: 2023-05-17 File Number: LTB-L-030937-23 In the matter of: 105, 1400 APPLETON DR GLOUCESTER ON K1B4R9 Between: Paramount Properties in Trust for South Point Landlord V illa Apartments And A.L. Tenant Paramount Properties in Trust for South Point Villa Apartments (the 'Landlord') applied for an order to terminate the tenancy and evict A.L. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on January 23, 2023 with respect to application LTB-L-030702-22. 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 specified in the order: The Tenant did not pay $1,391.34 towards the arrears in full on or before April 15, 2023. It is ordered that: 1. Order LTB-L-030702-22 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 28, 2023. 2023 ONLTB 36661 (CanLII) Order Page: 1 of 2 File Number: LTB-L-030937-23 3. If the unit is not vacated on or before May 28, 2023, then starting May 29, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 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 29, 2023. May 17, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until May 27, 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 27, 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 29, 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 36661 (CanLII)