Landlord Wins Termination Case Against Tenant with Mental Health Issues: H.J. v R.D. 2017
Landlord wins termination case against tenant with mental health issues, eviction postponed
Summarized by RentZenLast updated: July 30, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$170
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2017
Order Date
Feb 2, 2017
Tenancy End Date
Mar 2017
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to substantial interference with reasonable enjoyment, impaired safety, Landlord's own use, and abandonment of the rental unit.
Determinations
- N5 and N7 notices did not provide sufficient details
- Landlord's claim of abandonment could not be established
- Landlord could not prove an N12 notice was given
- Parties had a valid written agreement to terminate tenancy
- Tenant had been looking for a new place but suffered from depression and anxiety
Case Study
The L2 application could not proceed due to various preliminary issues, including insufficient details in the N5 and N7 notices, lack of evidence of abandonment, and lack of proof of an N12 notice. The L3 application alleging a written agreement to terminate the tenancy was found to be valid.
Arguments and Actions
Landlord
Actions
Landlord's evidence was that the written agreement reflected the parties' understanding that the Landlord wanted to end the tenancy and sell the property.
Tenant
Arguments
Tenant argued there was a verbal agreement that he did not have to leave if the property was not sold by the move-out date.
Actions
Tenant testified he signed the agreement to terminate the tenancy, but should have included a term that he did not have to move out if the property was not sold by the move-out date.
Decision Summary
The Landlord's L2 application was dismissed, but the tenancy was terminated effective March 31, 2017 based on the parties' written agreement. The Tenant was ordered to pay the Landlord's $170 application fee, and enforcement of the eviction order was postponed until March 31, 2017 due to the Tenant's mental health issues.
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Financial Details
Application Fee
$170
Total Owing
$170 (Owed to Landlord)
Source
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