Evictly

LTB Order LTB-L-035499-23

Citation
2023 ONLTB 39536
Decided
2023-05-30
Rental unit
211, 1071 AMBLESIDE DR OTTAWA ON K2B6V4
Landlord
Osgoode Properties
Tenant
J.M.
RTA section
s. 78(6)
Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Osgoode Properties v M., 2023 ONLTB 39536 2023 ONLTB 39536 (CanLII) Date: 2023-05-30 File Number: LTB-L-035499-23 In the matter of: 211, 1071 AMBLESIDE DR OTTAWA ON K2B6V4 Between: Osgoode Properties Landlord And J.M. Tenant On M. 2, 2023, Osgoode Properties (the 'Landlord') applied for an order to terminate the tenancy and evict J.M. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on March 31, 2023 with respect to application LTB-L-010549-23. 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 conditions specified in the order: The Tenant did not pay the lawful rent for M. 2023 in full on or before M. 1, 2023. The Tenant also did not pay $591.00 towards arrears in full on or before M. 1, 2023. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 10, 2023. 2. If the unit is not vacated on or before June 10, 2023, then starting June 11, 2023, the Landlord M. file this order with the Court Enforcement Office (Sheriff) so that the eviction M. 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 June 11, 2023. M. 30, 2023 Date Issued Ian Speers Associate Chair, Landlord and Tenant Board Order Page: 1 of 2 File Number: LTB-L-035499-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 9, 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 June 9, 2023 the order will be stayed and the 2023 ONLTB 39536 (CanLII) 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 December 11, 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