Landlord Wins Termination Case: Dave v Magadia 2022
Scarborough tenants evicted for breach of N11 agreement, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
111 Lagerfeld Drive, Brampton, ON L7A0H8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Nov 2022
Order Date
Dec 7, 2022
Tenancy End Date
Dec 2022
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict Tenants due to Tenant entering into an agreement to terminate the tenancy. The Tenant did not move out by the termination date set out in the agreement.
Determinations
- Landlords and Tenant entered into an agreement to terminate the tenancy as of September 18, 2022
- Marilou Magadia is Monteza's guarantor, not a Tenant
- N11 agreement is a valid and binding agreement to terminate the tenancy
- N11 agreement signed by one of two Tenants listed on the tenancy agreement is valid
- No evidence Tenant didn't understand what she was signing or was pressured/under duress
- Tenant did not move out of the rental unit by the termination date set out in the agreement
Case Study
The N11 agreement is a valid and binding agreement to terminate the tenancy. The Tenant had enough time since signing the N11 Form on July 17, 2022 to find alternate accommodations, but was evasive about details of efforts taken to find alternate accommodation.
Arguments and Actions
Tenant
Actions
Tenant did not move out of the rental unit by the termination date set out in the agreement.
Decision Summary
The tenancy between the Landlords and Tenant is terminated. The Tenant must move out of the rental unit on or before December 18, 2022. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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