Evictly

LTB Order LTB-L-034167-23

Citation
2023 ONLTB 37407
Decided
2023-06-26
Rental unit
26 FOREST PATH CRT ETOBICOKE ON M9V1L5
Landlord
Amanda Hayashi (Vike Inc)
Tenant
E.A.
RTA section
s. 77
Order under Section 77 2023 ONLTB 37407 (CanLII) Residential Tenancies Act, 2006 Citation: Hayashi (Vike Inc) v A., 2023 ONLTB 37407 Date: 2023-06-26 File Number: LTB-L-034167-23 In the matter of: 26 FOREST PATH CRT ETOBICOKE ON M9V1L5 Between: Amanda Hayashi (Vike Inc) Landlord And E.A. Tenants Rony E Ramirez Machado Amanda Hayashi (Vike Inc) (the 'Landlord') applied for an order to terminate the tenancy and evict E.A. and Rony E Ramirez Machado (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 March 31, 2023. 2. Since the Tenants did not move out of the rental unit by the termination date, the Landlord was required to file the application to obtain vacant possession. Therefore, the Tenants are responsible for paying the Landlord for the $186.00 application filing fee incurred. 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 July 7, 2023. 2. If the unit is not vacated on or before July 7, 2023, then starting July 8, 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 July 8, 2023. 2023 ONLTB 37407 (CanLII) Order Page 1 of 2 File Number: LTB-L-034167-23 4. If the Tenants do not pay the Landlord the full amount owing on or before July 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 8, 2023 at 6.00% annually on the balance outstanding. June 26, 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 July 6, 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 July 6, 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 January 8, 2024 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 37407 (CanLII)