Evictly

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