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)