LTB Order LTB-L-034524-23
- Citation
- 2023 ONLTB 39529
- Decided
- 2023-05-17
- Rental unit
- Upper, 39 Mallard Crescent Brampton Ontario L6S2T7
- Landlord
- V.B.
- Tenant
- A.S.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: B. v S., 2023 ONLTB 39529
2023 ONLTB 39529 (CanLII)
Date: 2023-05-17
File Number: LTB-L-034524-23
In the matter of: Upper, 39 Mallard Crescent
Brampton Ontario L6S2T7
Between: V.B. Landlord
And
A.S. Tenants
Karandeep S.
Karandeep S.
Mridul Modgil
Simrandeep S.
V.B. (the 'Landlord') applied for an order to terminate the tenancy and evict
A.S., Karandeep S., Karandeep S., Mridul Modgil and Simrandeep S.
(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 and the Tenants did not move out of the rental unit by the termination date
set out in the agreement.
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 $201.00 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 May 28, 2023.
2. 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.
Order Page 1 of 2
File Number: LTB-L-034524-23
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 29, 2023.
4. The Tenants shall pay to the Landlord $201.00, for the cost of filing the application.
2023 ONLTB 39529 (CanLII)
5. If the Tenants do not pay the Landlord the full amount owing on or before May 28, 2023,
the Tenants will start to owe interest. This will be simple interest calculated from May 29,
2023 at 6.00% annually on the balance outstanding.
May 17, 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 27, 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 27, 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 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