LTB Order LTB-L-035377-23
- Citation
- 2023 ONLTB 37968
- Decided
- 2023-05-17
- Rental unit
- 1203, 167 CHURCH ST TORONTO ON M5B1Y6
- Landlord
- Concert Reality Ltd
- Tenant
- J.K.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: Concert Reality Ltd v K., 2023 ONLTB 37968
2023 ONLTB 37968 (CanLII)
Date: 2023-05-17
File Number: LTB-L-035377-23
In the matter of: 1203, 167 CHURCH ST TORONTO
ON M5B1Y6
Between: Concert Reality Ltd Landlord
And
J.K. Tenant
Concert Reality Ltd (the 'Landlord') applied for an order to terminate the tenancy and evict J.
K. (the 'Tenant') because the Tenant gave notice to terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Tenant gave the Landlord notice to terminate the tenancy effective April 30, 2023 and
the Tenant did not move out of the rental unit by the termination date set out in the notice.
2. Since the Tenant 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 Tenant is
responsible for paying the Landlord for the $186.00 application filing fee incurred.
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 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.
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 Tenant shall pay to the Landlord $186.00, for the cost of filing the application.
Order Page 1 of 2
File Number: LTB-L-035377-23
5. If the Tenant does not pay the Landlord the full amount owing on or before May 28, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from May 29,
2023 at 6.00% annually on the balance outstanding.
2023 ONLTB 37968 (CanLII)
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 tenant has 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 tenant files 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