Evictly

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) Order Page 1 of 2 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