Landlord and Tenant Reach Agreement in North York Rental Dispute: Huang v Bibak 2023
Landlord and tenant in North York reach agreement to terminate tenancy on January 9, 2024
Summarized by RentZenLast updated: August 6, 2024
Case Summary
8 Myers Lane, North York, ON M2H1P8
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Nov 2023
Order Date
Nov 10, 2023
Tenancy End Date
Jan 2024
Dispute Summary
Landlord applied to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. Tenant later filed a motion to set aside the order, alleging the Landlord misrepresented the N11 agreement.
Determinations
- Landlord served valid N12 Notice
- Parties entered into N11 agreement to terminate tenancy
- Tenant filed T2 application alleging harassment/coercion
- Landlord filed L3 application to terminate tenancy per N11
- Tenant brought motion to set aside L3 order
Case Study
The Tenant's principal claim was that the Landlord's mother-in-law was living in another country and had shown no signs of relocating to reside in the unit. The Landlord's response was that her mother-in-law will relocate to Ontario as soon as the Tenant's unit is vacant.
Arguments and Actions
Tenant
Arguments
Tenant alleged the Landlord misrepresented the N11 agreement, claiming the Landlord's mother-in-law was not actually going to move into the unit.
Actions
Tenant was willing and planning to vacate the rental unit.
Decision Summary
The parties agreed to the following order: the tenancy will terminate on January 9, 2024, the Tenant must vacate by that date, the Tenant must pay rent arrears by November 10, 2023 and December 2023 rent by December 10, 2023, and the Landlord's L2 application and the Tenant's T2 application are dismissed.
Adjudicator Details
LTB Member
Total Orders
288
Landlord Favorable
83.3%
Tenant Favorable
10.1%
Mutual Agreement
6.6%
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