Landlord Wins Termination Agreement Dispute: Pourkarim v Reid 2024
Landlord prevails in Scarborough termination agreement dispute, eviction order upheld
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Unit ****, 35 Strangford Lane, Scarborough, ON M1L0E5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Feb 2024
Order Date
Feb 26, 2024
Tenancy End Date
Apr 2024
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 eviction order.
Determinations
- Tenants did not obtain legal representation
- Parties initially considered sale of rental unit to Tenants, but transaction did not materialize
- Landlord offered Tenants consideration in form of forgiven rent in exchange for signing N11
- Landlord filed application and obtained ex-parte eviction order based on agreement to terminate tenancy
- Tenant claimed she did not sign N11 and was not present when agreement was signed
- Landlord presented documentary and audio evidence showing Tenant was present and signed agreement
- Board found agreement to terminate tenancy was valid and it would be unfair to set aside eviction order
Case Study
The Landlord presented convincing evidence that the Tenants signed the agreement to terminate the tenancy. The Board found that the agreement was valid and it would be unfair to set aside the eviction order.
Arguments and Actions
Tenant
Arguments
Tenant argued the N11 is invalid because she did not sign it.
Actions
Tenant claimed she did not sign the N11 and was not present when the agreement was signed.
Decision Summary
The Board denied the Tenant's motion to set aside the eviction order. The stay of the eviction order is lifted on April 4, 2024 to allow the Tenants, one of whom is 89 years old, time to find alternate accommodation.
Adjudicator Details
LTB Member
Total Orders
228
Landlord Favorable
79.8%
Tenant Favorable
12.7%
Mutual Agreement
7.5%
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