LTB Order LTB-L-043798-23

Order under Section 77 Residential Tenancies Act, 2006 Citation: S. v Fanning-Hancharyk, 2023 ONLTB 44148 2023 ONLTB 44148 (CanLII) Date: 2023-06-09 File Number: LTB-L-043798-23 In the matter of: 124 LOACH'S RD SUDBURY ON P3E2P7 Between: P.S. Landlords Saruna Kunwar And J.F. Tenants Paige Albert P.S. and Saruna Kunwar (the 'Landlords') applied for an order to terminate the tenancy and evict J.F. and Paige Albert (the 'Tenants') because the Tenants gave notice to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Tenants gave the Landlords notice to terminate the tenancy effective May 31, 2023 and the Tenants did not move out of the rental unit by the termination date set out in the notice. 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 $186.00 application filing fee incurred. It is ordered that: 1. The tenancy between the Landlords and Tenants is terminated. The Tenants must move out of the rental unit on or before June 20, 2023. 2. If the unit is not vacated on or before June 20, 2023, then starting June 21, 2023, the Landlords 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 Landlords on or after June 21, 2023. Order Page 1 of 2  File Number: LTB-L-043798-23 4. The Tenants shall pay to the Landlord $186.00, for the cost of filing the application. 5. If the Tenants do not pay the Landlords the full amount owing on or before June 20, 2023, the Tenants will start to owe interest. This will be simple interest calculated from June 21, 2023 at 6.00% annually on the balance outstanding. 2023 ONLTB 44148 (CanLII) June 9, 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 June 19, 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 June 19, 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 21, 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