Landlord Wins Tenant Termination Dispute: Joo v Boi 2020
Newmarket landlords prevail after tenant tries to set aside N11 termination agreement
Summarized by RentZenLast updated: July 26, 2024
Case Summary
862 Playter Crescent, Newmarket, ON L3X1W8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2020
Hearing Date
Sep 2020
Order Date
Oct 26, 2020
Dispute Summary
The Landlords 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 order.
Determinations
- Landlords and Tenant signed N11 Agreement to End Tenancy on 2020-02-24
- Termination date on N11 form is 2020-06-30
- Tenant did not read N11 form before signing
- Tenant believed he would not have to vacate until house was sold
- Landlords sent N12 notice on 2020-05-29 with termination date of 2020-07-31
- Tenant's motion to set aside order denied
- Stay of order lifted on 2020-11-20
Case Study
The Tenant's motion to set aside the order was denied. The Landlords and Tenant had signed an N11 Agreement to End the Tenancy, and there was no evidence that the Tenant was pressured into signing it. The Tenant's confusion about the Landlords' text message did not unravel the agreement.
Arguments and Actions
Landlord
Actions
Landlord YJ testified that Tenant had asked Landlords to ignore the N11 form.
Tenant
Arguments
Tenant submitted that Landlords' text message of 2020-05-26 supported his belief that he did not have to move until house was sold, and that he found the N12 notice confusing.
Actions
Tenant testified he did not read N11 form before signing it, and believed he would not have to vacate until house was sold.
Decision Summary
The Tenant's motion to set aside the order terminating the tenancy and evicting the Tenant was denied. The stay of the order was lifted on November 20, 2020.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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