Landlord Wins Termination Agreement Dispute: Monsef v Gunn
Landlord wins termination agreement dispute in Georgina, tenants' motion to set aside order denied
Summarized by RentZenLast updated: July 26, 2024
Case Summary
27020 Kennedy Road, Georgina, ON L0E1S0
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2020
Hearing Date
Mar 2021
Order Date
Mar 15, 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order.
Determinations
- Tenants signed N11 Agreement to Terminate Tenancy with termination date of December 31, 2020
- Tenants did not move out by termination date
- Tenants claimed they signed under duress, but Tribunal found stress did not constitute duress
- Landlord not required to advise Tenants to seek legal advice before signing agreement
- Tribunal denied Tenants' motion to set aside order
Case Study
The Tenants signed an N11 Agreement to Terminate a Tenancy with a termination date of December 31, 2020 but did not move out by the termination date. The Tenants claimed they signed the agreement under duress, but the Tribunal found that the stress the Tenants felt did not constitute duress. The Tribunal also found that the Landlord was not required to advise the Tenants to seek legal advice before signing the agreement. The Tribunal denied the Tenants' motion to set aside the order.
Arguments and Actions
Landlord
Actions
Landlord handed Tenant the N11 agreement, refused to leave until it was signed, and demanded it be signed and returned before leaving.
Tenant
Arguments
Tenants should have been given more time to review agreement or seek legal advice before signing.
Actions
Tenants signed N11 Agreement to Terminate Tenancy under duress, did not want to terminate tenancy or vacate rental unit.
Decision Summary
The Tribunal denied the Tenants' motion to set aside the order terminating the tenancy. The stay of the order was lifted on May 15, 2021.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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