LTB Order LTB-L-061734-22
- Citation
- 2023 ONLTB 38490
- Decided
- 2023-05-23
- Rental unit
- UNIT 407, 5740 YONGE ST NORTH YORK ON M2M0B1
- Landlord
- B.H.
- Tenant
- N.A.
- RTA section
- s. 69
Order under Section 69
2023 ONLTB 38490 (CanLII)
Residential Tenancies Act, 2006
Citation: B.H. v N.A., 2023 ONLTB 38490
Date: 2023-05-23
File Number: LTB-L-061734-22
In the matter of: UNIT 407, 5740 YONGE ST
NORTH YORK ON M2M0B1
Between: B.H. Landlord
And
N.A. Tenant
B.H. (the 'Landlord') applied for an order to terminate the tenancy and evict N.
A. (the 'Tenant') because:
• the Landlord in good faith requires possession of the rental unit for the purpose of
residential occupation for at least one year.
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 April 19, 2023. The Landlord, the Landlord’s
legal representative, T. Li, the Tenant, and the Tennant’s representative, B.Rubin attended the
hearing.
Determinations:
1. The parties came before me and requested to resolve the application with the following
consent.
On consent, it is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move
out of the rental unit on or before August 2, 2023.
2. If the unit is not vacated on or before August 2, 2023, then starting August 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 August 3, 2023.
2023 ONLTB 38490 (CanLII)
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File Number: LTB-L-061734-22
4. The Landlord agrees to wave the rent for the following rental periods:
• May 3, 2023 to June 2, 2023
• June 3, 2023 to July 2, 2023
5. The Landlord shall apply the last month’s rent deposit to the last month of the tenancy.
(July 3, 2023 to August 2, 2023)
6. Upon the Tenant returning the keys and providing vacant possession the Landlord shall pay
to the Tenant $365.93. Which represents $65.93 for interest owed to the Tenant on the last
month’s rent deposit and $300.00 for a refundable key deposit.
7. If the Tenant would like to vacate the rental unit before August 2, 2023, they may do so
provided that they give the Landlord 5 day written notice.
8. Upon request and within a reasonable amount of time the Landlord shall provide the Tenant
with a positive reference.
9. This order resolves all issues arising out of the tenancy as of the hearing date on April 19,
2023.
May 23, 2023 ____________________________
Date Issued Curtis Begg
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.
In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant
expires on December 4, 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.
2023 ONLTB 38490 (CanLII)
Order Page 2 of 2