Landlord Wins Dispute Over Terminated Tenancy Agreement: Stevenson v O'byrne 2024
Landlord prevails as LTB denies tenant's motion to set aside terminated tenancy agreement
Summarized by RentZenLast updated: August 6, 2024
Case Summary
85A Spruce Ave, Elliot Lake, ON P5A2C1
Decision in favor of
landlord
Balance Owed to Landlord
$11,386
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Jan 2024
Hearing Date
Mar 2024
Order Date
Mar 14, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the previous order.
Determinations
- Tenant signed N11 agreement to terminate tenancy on 2024-01-01
- Tenant did not vacate rental unit
- Tenant claimed she was bullied into signing N11, but evidence shows otherwise
- Tenant stopped paying rent in August 2023 and owes $11,386.00 in arrears
Case Study
The Tenant signed an N11 agreement to terminate the tenancy on January 1, 2024, but did not vacate the rental unit. The Tenant claimed she was bullied into signing the agreement, but the evidence, including text messages, showed that the Tenant was not bullied and intended to vacate the unit. The Tenant also stopped paying rent and owes the Landlord $11,386.00 in arrears.
Arguments and Actions
Tenant
Arguments
Tenant claimed she was bullied into signing the N11 agreement.
Actions
Tenant signed N11 agreement to terminate tenancy on 2024-01-01 but did not vacate the rental unit.
Decision Summary
The motion to set aside the previous order LTB-L-001868-24 is denied. The stay of the previous order is lifted and the order remains unchanged.
Adjudicator Details
LTB Member
Total Orders
775
Landlord Favorable
77.2%
Tenant Favorable
10.3%
Mutual Agreement
12.5%
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Financial Details
Rent Arrears
$11,386
Total Owing
$11,386 (Owed to Landlord)
Source
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