LTB Order LTB-L-035502-23

Order under Section 77 Residential Tenancies Act, 2006 Citation: Nedaee v Hemmingsen, 2023 ONLTB 40766 2023 ONLTB 40766 (CanLII) Date: 2023-05-26 File Number: LTB-L-035502-23 In the matter of: B, 21 STEEL ST WELLAND ON L3B3L8 Between: 1000016518 Ontario Inc Landlords Ferdahss Nedaee And Lisa Hemmingsen Tenant 1000016518 Ontario Inc. and Ferdahss Nedaee (the 'Landlords') applied for an order to terminate the tenancy and evict Lisa Hemmingsen (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 Landlords and Tenant entered into an agreement to terminate the tenancy as of April 30, 2023 and the Tenant did not move out of the rental unit by the termination date set out in the agreement. 2. Since the Tenant did not move out of the rental unit by the termination date, the Landlords were required to file the application to obtain vacant possession. Therefore, the Tenant is responsible for paying the Landlords for the $186.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlords and Tenant is terminated. The Tenant must move out of the rental unit on or before June 6, 2023. 2. If the unit is not vacated on or before June 6, 2023, then starting June 7, 2023, the Landlords 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 Landlords on or after June 7, 2023. 4. The Tenant shall pay to the Landlords $186.00, for the cost of filing the application. Order Page 1 of 2  File Number: LTB-L-035502-23 5. If the Tenant does not pay the Landlords the full amount owing on or before June 6, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 7, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 40766 (CanLII) May 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 tenant has until June 5, 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 June 5, 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 December 7, 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