Evictly

LTB Order LTB-L-037889-23

Citation
2023 ONLTB 39275
Decided
2023-05-29
Rental unit
407 THE WESTWAY ETOBICOKE ON M9R0B4
Landlord
D.W.
Tenant
J.D.Z.
RTA section
s. 77
Order under Section 77 Residential Tenancies Act, 2006 2023 ONLTB 39275 (CanLII) Citation: D.W. v Patrizia D. Z., 2023 ONLTB 39275 Date: 2023-05-29 File Number: LTB-L-037889-23 In the matter of: 407 THE WESTWAY ETOBICOKE ON M9R0B4 Between: D.W. Landlord And J.D.Z. Tenants Patrizia D. Z. On May 10, 2023, D.W. (the 'Landlord') applied for an order to terminate the tenancy and evict J.D.Z. and Patrizia D. Z. (the 'Tenants') because the Tenants entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlord and Tenants entered into an agreement to terminate the tenancy as of June 30, 2023. 2. Since the application was filed on a no-fault basis, on or before the termination date, it is not appropriate to require the Tenant to pay the application filing fee as costs. It is ordered that: 1. The tenancy between the Landlord and Tenants is terminated. The Tenants must move out of the rental unit on or before June 30, 2023. 2. If the unit is not vacated on or before June 30, 2023, then starting July 1, 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 1, 2023. May 29, 2023 Date Issued Ian Speers Associate Chair, Landlord and Tenant Board Order Page 1 of 2 2023 ONLTB 39275 (CanLII) File Number: LTB-L-037889-23 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 Tenants has until June 8, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the Tenants files the motion by June 8, 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 1, 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 2023 ONLTB 39275 (CanLII)