LTB Order LTB-L-036088-23
- Citation
- 2023 ONLTB 38070
- Decided
- 2023-05-24
- Rental unit
- 8034 LARRY'S LANE NIAGARA FALLS ON L2G6T4
- Landlord
- K.V.
- Tenant
- J.T.
- RTA section
- s. 77
Order under Section 77
2023 ONLTB 38070 (CanLII)
Residential Tenancies Act, 2006
Citation: V. v T., 2023 ONLTB 38070
Date: 2023-05-24
File Number: LTB-L-036088-23
In the matter of: 8034 LARRY'S LANE
NIAGARA FALLS ON L2G6T4
Between: K.V. Landlords
Matthew V.
And
J.T. Tenant
K.V. and Matthew V. (the 'Landlords') applied for an order to terminate the
tenancy and evict J.T. (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 May
1, 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
was 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 4, 2023.
2. If the unit is not vacated on or before June 4, 2023, then starting June 5, 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 5, 2023.
4. The Tenant shall pay to the Landlords $186.00, for the cost of filing the application.
Order Page 1 of 2
2023 ONLTB 38070 (CanLII)
File Number: LTB-L-036088-23
5. If the Tenant does not pay the Landlords the full amount owing on or before June 4, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from June 5,
2023 at 6.00% annually on the balance outstanding.
May 24, 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 3, 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 3, 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 5, 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
2023 ONLTB 38070 (CanLII)