LTB Order LTB-L-070066-22

Order under Section 69 2023 ONLTB 37108 (CanLII) Residential Tenancies Act, 2006 Citation: A.V. v S.F., 2023 ONLTB 37108 Date: 2023-05-17 File Number: LTB-L-070066-22 In the matter of: Apartment D, 1061 WEST AVE MISSISSAUGA ON L5E1W1 Between: A.V. Landlord And S.F. Tenant A.V. (the 'Landlord') applied for an order to terminate the tenancy and evict S. F. (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. This application was heard by videoconference on May 4, 2023. Only the Landlord and the Landlord’s legal representative Thamar Abdu attended the hearing. As of 9:32 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. As explained below, the Landlord has proven on a balance of probabilities the grounds for termination of the tenancy. Therefore, the tenancy shall terminate on May 28, 2023. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. On October 31, 2022, the Landlord gave the Tenant an N12 notice of termination with the termination date of December 31, 2022. Based on the uncontested evidence of the Landlord, I am satisfied the Landlord in good faith requires possession of the rental unit for the purpose of his own residential occupation for a period of at least one year. 4. The Landlord has compensated the Tenant an amount equal to one month's rent by December 31, 2022. 5. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs.  6. There is no last month's rent deposit. 7. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Order Page 1 of 2 2023 ONLTB 37108 (CanLII) File Number: LTB-L-070066-22 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 May 28, 2023. 2. If the unit is not vacated on or before May 28, 2023, then starting May 29, 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 May 29, 2023. 4. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 5. The total amount the Tenant owes the Landlord is $186.00. 6. If the Tenant does not pay the Landlord the full amount owing on or before May 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 29, 2023 at 6.00% annually on the balance outstanding. May 17, 2023 ____________________________ Date Issued Dawn Sullivan 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. In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on November 29, 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.  Order Page 2 of 2 2023 ONLTB 37108 (CanLII)