Evictly

LTB Order LTB-L-043023-23

Citation
2023 ONLTB 42832
Decided
2023-06-21
Rental unit
26 COTTON GRASS ST KITCHENER ON N2E3T6
Landlord
D.M.
Tenant
D.N.
RTA section
s. 77
Order under Section 77 2023 ONLTB 42832 (CanLII) Residential Tenancies Act, 2006 Citation: M. v N., 2023 ONLTB 42832 Date: 2023-06-21 File Number: LTB-L-043023-23 In the matter of: 26 COTTON GRASS ST KITCHENER ON N2E3T6 Between: D.M. Landlord And D.N. Tenants LISA N. D.M. (the 'Landlord') applied for an order to terminate the tenancy and evict D. N. and Lisa N. (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 4, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenants to pay the application filling 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 July 2, 2023. 2. If the unit is not vacated on or before July 2, 2023, then starting July 3, 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 3, 2023. 2023 ONLTB 42832 (CanLII) Order Page 1 of 2 File Number: LTB-L-043023-23 June 21, 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 tenants have until July 1, 2023, to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the tenants file the motion by July 1, 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 3, 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 42832 (CanLII)