LTB Order LTB-L-077755-22
- Citation
- 2023 ONLTB 18717
- Decided
- 2023-02-06
- Rental unit
- APARTMENT F, 5824 MAIN ST NIAGARA FALLS ON L2G5Z5
- Landlord
- 2869259 ONTARIO INC.
- Tenant
- T.K.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: 2869259 ONTARIO INC. v K., 2023 ONLTB 18717
2023 ONLTB 18717 (CanLII)
Date: 2023-02-06
File Number: LTB-L-077755-22
In the matter of: APARTMENT F, 5824 MAIN ST
NIAGARA FALLS ON L2G5Z5
Between: 2869259 ONTARIO INC. Landlord
And
T.K. Tenant
2869259 ONTARIO INC. (the 'Landlord') applied for an order to terminate the tenancy and evict
T.K. (the 'Tenant') because the Tenant entered into an agreement to terminate the
tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Landlord and Tenant entered into an agreement to terminate the tenancy as of
January 31, 2023.
2. Since the application was filed on a no-fault basis, before the termination date, it is not
appropriate to require the Tenant to pay the application filling fee as costs.
It is ordered that:
1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out
of the rental unit on or before February 17, 2023.
2. If the unit is not vacated on or before February 17, 2023, then starting February 18, 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 18, 2023.
Order Page 1 of 2
February 6, 2023
Date Issued Trish Carson
Member, Landlord and Tenant Board
2023 ONLTB 18717 (CanLII)
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 tenant has until February 16, 2023 to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the tenant files the motion by February 16, 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 18, 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