Evictly

LTB Order LTB-L-038207-23

Citation
2023 ONLTB 39078
Decided
2023-05-31
Rental unit
Lower, 315 Rodger Road Orillia ON L3V6M1
Landlord
Lakeview Realty Inc. and Michael J.
Tenant
M.J.L.P.A.E.B.
RTA section
s. 78(6)
Order under Section 78(6) 2023 ONLTB 39078 (CanLII) Residential Tenancies Act, 2006 Citation: M. J. P. v E. B., 2023 ONLTB 39078 Date: 2023-05-31 File Number: LTB-L-038207-23 In the matter of: Lower, 315 Rodger Road Orillia ON L3V6M1 Between: Lakeview Realty Inc. A. M. J. L. P. A. E. B. Tenant Lakeview Realty Inc. A. M. J. P. (the 'L.') applied for an order to terminate the tenancy A. evict E. B. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on March 16, 2023 with respect to application LTB-L073382-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the L. can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy A. evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition specified in the order: The Tenant failed to pay to the Landlord the lawful rent on or before May 1, 2023. It is ordered that: 1. Order LTB-L-073382-22 is cancelled. 2. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before June 11, 2023. 3. If the unit is not vacated on or before June 11, 2023, then starting June 12, 2023, the L. may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 1 of 2 2023 ONLTB 39078 (CanLII) File Number: LTB-L-038207-23 4. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after June 12, 2023. May 31, 2023 ____________________________ Date Issued M. Di Salle Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 10, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the Tenant files the motion by June 10, 2023 the order will be stayed A. the LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 12, 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 39078 (CanLII)