LTB Order LTB-L-038174-23
- Citation
- 2023 ONLTB 40399
- Decided
- 2023-05-23
- Rental unit
- 183 Hannah Street Ottawa ON K1L8C6
- Landlord
- R.M.
- Tenant
- C.T.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: M. v T., 2023 ONLTB 40399
2023 ONLTB 40399 (CanLII)
Date: 2023-05-23
File Number: LTB-L-038174-23
In the matter of: 183 Hannah Street
Ottawa ON K1L8C6
Between: R.M. Landlord
And
C.T. Tenant
R.M. (the 'Landlord') applied for an order to terminate the tenancy and evict C.
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 Landlord 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 Tenants did not move out of the rental unit by the termination date, the Landlord
was required to file the application to obtain vacant possession. Therefore, the Tenants are
responsible for paying the Landlord for the $201.00 application filing fee incurred.
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 June 3, 2023.
2. If the unit is not vacated on or before June 3, 2023, then starting June 4, 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 June 4, 2023.
4. The Tenant shall pay to the Landlord $201.00, for the cost of filing the application.
Order Page 1 of 2
File Number: LTB-L-038174-23
5. If the Tenant does not pay the Landlord the full amount owing on or before June 3, 2023,
the Tenant will start to owe interest. This will be simple interest calculated from June 4,
2023 at 6.00% annually on the balance outstanding.
2023 ONLTB 40399 (CanLII)
May 23, 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 2, 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 2, 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 4, 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