LTB Order LTB-L-043897-23
- Citation
- 2023 ONLTB 44307
- Decided
- 2023-06-20
- Rental unit
- 107, 740 MIDLAND AVENUE SCARBOROUGH ON M1K4E1
- Landlord
- Hazelview Property Services Inc.
- Tenant
- AVENUE SCARBOROUGH ON M1K4E1 Between: Hazelview Property Services Inc. Landlord And Farhad Hakimi
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: Hazelview Property Services Inc. v Basir, 2023 ONLTB 44307
2023 ONLTB 44307 (CanLII)
Date: 2023-06-20
File Number: LTB-L-043897-23
In the matter of: 107, 740 MIDLAND AVENUE
SCARBOROUGH ON M1K4E1
Between: Hazelview Property Services Inc. Landlord
And
Farhad Hakimi Tenants
Mursal Abdul Basir
Hazelview Property Services Inc. (the 'Landlord') applied for an order to terminate the tenancy
and evict Farhad Hakimi and Mursal Abdul Basir (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 May
31, 2023 and the Tenants 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 $186.00 application filing fee incurred.
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 1, 2023.
2. If the unit is not vacated on or before July 1, 2023, then starting July 2, 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 2, 2023.
4. The Tenants shall pay to the Landlord $186.00, for the cost of filing the application.
Order Page 1 of 2
File Number: LTB-L-043897-23
5. If the Tenants do not pay the Landlord the full amount owing on or before July 1, 2023, the
Tenants will start to owe interest. This will be simple interest calculated from July 2, 2023
at 6.00% annually on the balance outstanding.
2023 ONLTB 44307 (CanLII)
June 20, 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 has until June 30, 2023 to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the Tenants files the motion by June 30, 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 2, 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