DHALIWAL v LEBERT: Tenant Eviction for Breach of Termination Agreement
Landlord granted eviction after tenant fails to vacate by agreed termination date
Summarized by RentZenLast updated: July 22, 2024
Case Summary
5530 Nostadt Crescent, Comber, ON N0R1A0
Decision in favor of
landlord
Balance Owed to Landlord
$201
Dispute Categories
Agree with the ruling?
Timeline
Order Date
Feb 7, 2023
Tenancy End Date
Feb 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant entered into an agreement to terminate the tenancy but did not move out by the agreed-upon date.
Determinations
- Landlord and Tenant entered into an agreement to terminate the tenancy as of July 31, 2022
- Landlord required to file application to obtain vacant possession
- Tenant did not move out by the agreed termination date
- Tenant responsible for paying $201.00 application filing fee
Case Study
The Tenant could have avoided this outcome by adhering to the agreed-upon termination date or by communicating with the Landlord to negotiate an extension if needed. To turn the decision around, the Tenant would need to file a motion with the LTB to set aside the order under s.77(6) of the Act by February 17, 2023, which would stay the order and result in a hearing being scheduled.
Arguments and Actions
Landlord
Actions
Landlord filed an application to obtain vacant possession after the Tenant failed to move out by the agreed-upon date.
Tenant
Actions
Tenant agreed to terminate the tenancy as of July 31, 2022, but did not move out by the agreed-upon date.
Procedural Errors
Tenant failed to adhere to the agreed-upon termination date.
Decision Summary
The tenancy is terminated, and the Tenant must move out by February 18, 2023. The Tenant is ordered to pay $201.00 to the Landlord for the application filing fee. If the Tenant does not vacate by the specified date, the Landlord may file the order with the Court Enforcement Office for eviction enforcement starting February 19, 2023.
Adjudicator Details
LTB Member
Total Orders
52
Landlord Favorable
96.2%
Tenant Favorable
0.0%
Mutual Agreement
3.9%
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Financial Details
Application Fee
$201
Total Owing
$201 (Owed to Landlord)
Source
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