Evictly

LTB Order LTB-L-036558-23

Citation
2023 ONLTB 38153
Decided
2023-05-17
Rental unit
BASEMENT, 1725 BATHURST ST TORONTO ON M5P3K4
Landlord
Old Orchard Property Development
Tenant
L.B.E.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 Citation: Old Orchard Property Development v E., 2023 ONLTB 38153 Date: 2023-05-17 2023 ONLTB 38153 (CanLII) File Number: LTB-L-036558-23 In the matter of: BASEMENT, 1725 BATHURST ST TORONTO ON M5P3K4 Between: Old Orchard Property Development Landlord And L.B.E. Tenant Old Orchard Property Development (the 'Landlord') applied for an order to terminate the tenancy and evict L.B.E. (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 Landlord and Tenant entered into an agreement to terminate the tenancy as of July 4, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenant to pay the application filling fee as costs. 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 July 4, 2023. 2. If the unit is not vacated on or before July 4, 2023, then starting July 5, 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 July 5, 2023. Order Page 1 of 2 File Number: LTB-L-036558-23 2023 ONLTB 38153 (CanLII) Trish Carson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor May 17, 2023 Toronto ON M7A 2G6 Date Issued 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 January 5, 2024 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