Eviction — Landlord own use · Other · LTB-L-071152-23-SA

This Landlord application — Eviction — Landlord own use — was resolved by a consent order between the parties.

It is ordered on consent that: 1. The motion to set aside Order LTB-L-071152-23, issued on September 19, 2023, is granted. The order is set aside and cannot be enforced. 2. Order LTB-L-071152-23 is replaced with the following. 3. The tenancy between the Landlord and the Tenant is terminated on January 9, 2024. The Tenant must move out of the unit on or before January 9, 2024. 4. If the unit is not vacated on or before January 9, 2024, then starting January 10, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 5. 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 January 10, 2024. 6. The Tenant shall pay to the Landlord the lawful rent owing from September 10, 2023 to November 9, 2023, in full on or before November 10, 2023. 7. The Tenant shall pay to the Landlord the December 2023 rent in full and on or before December 10, 2023, subject to the application of a last month’s rent deposit that may currently be in the possession of the Landlord. 8. The Tenant shall also pay the Landlord compensation of $78.90 per day for the use of the unit starting January 10, 2024 until the date the Tenant moves out of the unit. 9. In the event that the Tenant does not comply with the terms in paragraphs 6 and/or 7 of this order by the dates stipulated, the Landlord may make a request to the LTB for an earlier termination of the tenancy and eviction date pursuant to section 78 of the Residential Tenancies Act, 2006. The Landlord m...

applied for an order to terminate the tenancy and evict Zahra (Zara) Bibak (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. The Landlord's application was resolved by order LTB-L-071152-23, issued on September 19, 2023. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-071152-23. The motion was heard by videoconference on November 2, 2023. The Landlord, the Landlord’s Legal Representatives Sarah Teal and Ryan Chen and the Tenant attended the hearing. The Tenant’s spouse Kami Hosseini also attended. The Tenant spoke with Duty Counsel prior to the hearing. The parties before the LTB consented to the following order.