Landlord Wins Termination Case Against Tenants in Chatham, ON: Shaikh v Raymond 2024
Landlord wins case to terminate tenancy after tenants fail to honor N11 agreement in Chatham, ON
Summarized by RentZenLast updated: August 6, 2024
Case Summary
181 Stanley Ave, Chatham, ON N7M3K1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Mar 2024
Order Date
Mar 13, 2024
Tenancy End Date
Mar 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the original order, which was granted. The Tenants then requested a review of the order, which was also granted.
Determinations
- Parties signed valid N11 agreement to terminate tenancy
- Tenants have not paid rent since July 2023
- Tenants taking advantage of Board's processes
- Tenancy must be terminated
Case Study
The Tenants claimed they did not receive the Notice of Hearing for the original hearing, and the Board could not disprove this claim. Therefore, the Board granted the Tenants' request to review the order. At the new hearing, the Board found that the parties had signed a valid N11 agreement, and the Tenants had no intention of honoring it. As a result, the Board ordered that the tenancy be terminated and the Tenants must move out by March 24, 2024.
Arguments and Actions
Landlord
Arguments
Landlord's Legal Representative stated the Tenants have not paid any rent since July 2023 and are clearly taking advantage of both the Landlord and the Board's processes.
Actions
Landlord's Agent testified that he filmed the entire N11 signing process on September 9, 2023, and the video did not show anyone being forced to sign any documents.
Tenant
Arguments
Tenants' friend/agent attempted to argue the N11 agreement was fraudulent and the Tenants were forced to sign it, but had no proof to back up these assertions.
Actions
Tenants claimed they did not receive the Notice of Hearing for the original hearing.
Decision Summary
The Board granted the Tenants' request to review the original order, and cancelled that order. The Board then issued a new order terminating the tenancy, and requiring the Tenants to move out by March 24, 2024. If the unit is not vacated by that date, the Landlord may file the order with the Court Enforcement Office (Sheriff) to have the eviction enforced.
Adjudicator Details
LTB Member
Total Orders
2349
Landlord Favorable
89.5%
Tenant Favorable
0.8%
Mutual Agreement
9.8%
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