Last updated: October 13, 2024
Ordered by Lisa Del Vecchio,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Citation: 1000085600 Ontario Ltd v Fuller, 2024 ONLTB 21662
File Number: LTB-L-037658-23-SA
Application Date
May 2023
Hearing Date
Feb 2024
Order Date
Mar 28, 2024
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.
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.
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.
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.
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