Evictly

LTB Order LTB-L-075462-22

Citation
2023 ONLTB 18299
Decided
2023-02-03
Rental unit
101, 66 PACIFIC AVE TORONTO ON M6P2P4
Landlord
1213763 Ontario Inc c/o GWL Realty
Tenant
A.A.K.
RTA section
s. 77
Order under Section 77 2023 ONLTB 18299 (CanLII) Residential Tenancies Act, 2006 Citation: 1213763 Ontario Inc v Al K., 2023 ONLTB 18299 Date: 2023-02-03 File Number: LTB-L-075462-22 In the matter of: 101, 66 PACIFIC AVE TORONTO ON M6P2P4 Between: 1213763 Ontario Inc c/o GWL Realty Landlord Advisors Residential Inc And A.A.K. Tenants Donald Morton 1213763 Ontario Inc c/o GWL Realty Advisors Residential Inc (the 'Landlord') applied for an order to terminate the tenancy and evict A.A.K. and Donald Morton (the 'Tenants') because the Tenants gave notice to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Tenants gave the Landlord a notice to terminate their tenancy effective November 30, 2022. 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 February 14, 2023. 2. If the unit is not vacated on or before February 14, 2023, then starting February 15, 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 February 15, 2023. 4. The Tenants shall pay to the Landlord $186.00, for the cost of filing the application. 2023 ONLTB 18299 (CanLII) Order Page 1 of 2 5. If the Tenants do not pay the Landlord the full amount owing on or before February 14, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 15, 2023 at 5.00% annually on the balance outstanding. February 3, 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 have until February 13, 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 February 13, 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 August 15, 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 18299 (CanLII)