Evictly

LTB Order LTB-L-079253-22

Citation
2023 ONLTB 19387
Decided
2023-02-10
Rental unit
32 PARKER AVE ANCASTER ON L9G1A7
Landlord
A.L.
Tenant
N.D.
RTA section
s. 77
Order under Section 77 2023 ONLTB 19387 (CanLII) Residential Tenancies Act, 2006 Citation: L. v D., 2023 ONLTB 19387 Date: 2023-02-10 File Number: LTB-L-079253-22 In the matter of: 32 PARKER AVE ANCASTER ON L9G1A7 Between: A.L. Landlords Josef Czaban And N.D. Tenants Rocco Santucci A.L. and Josef Czaban (the 'Landlords') applied for an order to terminate the tenancy and evict N.D. and Rocco Santucci (the 'Tenants') because the Tenants entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlords and Tenants entered into an agreement to terminate the tenancy as of July 9, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenants to pay the application filling fee as costs. It is ordered that: 1. The tenancy between the Landlords and Tenants is terminated. The Tenants must move out of the rental unit on or before July 9, 2023. 2. If the unit is not vacated on or before July 9, 2023, then starting July 10, 2023, the Landlords 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 Landlords on or after July 10, 2023. 2023 ONLTB 19387 (CanLII) Order Page 1 of 2 ____________________________ February 10, 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 20, 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 20, 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 January 10, 2024 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 19387 (CanLII)