1000085600 Ontario Ltd v Fuller - Landlord Loses Bid to Terminate Tenancy
Landlord's bid to terminate tenancy dismissed after LTB rules termination agreement void
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 2866 Keele St, North York, ON M3M2G8
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
Feb 2024
Order Date
Mar 28, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the previous order issued without a hearing.
Determinations
- The N11 form signed by the parties is void as it was entered into as a condition of the tenancy agreement or negotiated at the same time.
- The Landlord's application is dismissed.
Case Study
The Landlord and Tenant signed a Residential Tenancy Agreement (Lease) on April 23, 2022. The Landlord also had the Tenant sign an N11 form to terminate the tenancy on May 25, 2022, approximately one year after the Lease commencement date. The Landlord stated that the N11 form was a condition of the Lease, as the Tenant did not want to pay the additional $300 garage fee. The Tenant did not dispute this. The Tribunal found that the N11 form was either a condition of the Lease or negotiated at the same time, and therefore it is void under Section 37(5) of the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Actions
The Landlord stated that she was negotiating a lease with the Tenant after his father, who was the former tenant, passed away. She stated that before they signed the lease, they had discussions about parking and utilities, but the Tenant did not want to pay the additional $300.00 fee for the parking garage. The Landlord also stated that the Tenant stated that if he had to pay the garage fee and utilities it would be more than $2,000.00 and he would be able to find a larger unit for that amount. The Landlord stated that because of this assertion, she agreed for him to move out and if he met the timeline, she would not charge him the garage fee.
Tenant
Actions
The Tenant stated that shortly after signing the Lease in April 2022, the Landlord called him and said that he forgot to sign a form. The Tenant stated that the Landlord attended his unit on May 25, 2022 and he signed where she directed him to sign.
Decision Summary
The Tribunal found that the N11 form signed by the parties is void as it was entered into as a condition of the tenancy agreement or negotiated at the same time. As a result, the Landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
104
Landlord Favorable
78.8%
Tenant Favorable
12.5%
Mutual Agreement
8.7%
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