LTB Order LTB-L-033784-23

2023 ONLTB 37343 (CanLII) Order under Section 77 Residential Tenancies Act, 2006 Citation: Montgomery Square Inc. v D., 2023 ONLTB 37343 Date: 2023-05-15 File Number: LTB-L-033784-23 In the matter of: 2801, 25 MONTGOMERY AVE TORONTO ON M4R0A1 Between: MONTGOMERY SQUARE INC Landlord And B.D. Tenant Montgomery Square Inc (the 'Landlord') applied for an order to terminate the tenancy and evict B.D. (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 May 15, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenant to pay the application filing fee as costs. 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 26, 2023. 2. If the unit is not vacated on or before May 26, 2023, then starting May 27, 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 27, 2023. 2023 ONLTB 37343 (CanLII) Order Page 1 of 2 File Number: LTB-L-033784-23 May 15, 2023 Date Issued Trish Carson 15 Grosvenor Street, Ground Floor Member, Landlord and Tenant Board 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 25, 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 25, 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 27, 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 37343 (CanLII)