Evictly

LTB Order LTB-L-055036-22

Citation
2023 ONLTB 67547
Decided
2023-10-11
Rental unit
916, 30 TUSCARORA ST WINDSOR ON N9A6Y6
Landlord
CENCOURSE PROJECT INC
Tenant
R.V.
RTA section
s. 69
Order under Section 69 2023 ONLTB 67547 (CanLII) Residential Tenancies Act, 2006 Citation: CENCOURSE PROJECT INC v V., 2023 ONLTB 67547 Date: 2023-10-11 File Number: LTB-L-055036-22 In the matter of: 916, 30 TUSCARORA ST WINDSOR ON N9A6Y6 Between: CENCOURSE PROJECT INC Landlord And R.V. Tenant CENCOURSE PROJECT INC (the 'Landlord') applied for an order to terminate the tenancy and evict R.V. (the 'Tenant') because: • the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 3, 2023. Only the Landlord’s Legal Representative Tim Currie and the Landlord Agent Corinne Granger attended the hearing. As of 10:46 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord requested an order on terms as set out below. The Board consented. 2. The Tenant should be aware that the Landlord did not seek eviction at this time. The Tenant must ensure the unit is properly prepared for pest control treatment. If the rental unit is not ready to be treated as determined by the pest control company hired by the Landlord, then the Landlord may file an application with the Board, without notice to the Tenant, for an order for eviction. A copy of that order would be provided to the Tenant. 2023 ONLTB 67547 (CanLII) Order Page 1 of 2 File Number: LTB-L-055036-22 It is ordered that: 1. For the next 12 months ending October 10, 2023, the Tenant shall ensure that the Tenant has properly prepared their rental unit for pest control treatment in accordance with the pest control preparation instructions provided by the Landlord. 2. The Landlord shall provide a minimum of 7 days notice of entry for pest control treatment in order to afford the tenant sufficient time to prepare the rental unit for pest treatment. 3. If the Tenant fails to comply with the conditions set out in paragraph 1 of this order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition. This application is made to the LTB without notice to the Tenant. October 11, 2023 ____________________________ Date Issued Robert Patchett Vice Chair, 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.