Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Stewart v BRIGHTON PROPERTIES, 2024 ONLTB 5420
File Number: LTB-T-087967-23
Tenancy End Date
Aug 2023
Hearing Date
Jan 2024
Order Date
Jan 18, 2024
The Tenant's application is dismissed. The Landlords revoked the N13 notice and the Tenant chose to end the tenancy through a mutual agreement (N11).
Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N13 notice to terminate the tenancy for the purpose of converting the residential complex back to a duplex, but later revoked the notice. The central issue was whether the tenancy was terminated due to the N13 notice or a mutual agreement (N11) between the parties.
The Landlords testified that they revoked the N13 notice around early April 2023 and advised the Tenant and another tenant in the complex that their tenancies were secure. The Landlords also testified that the Tenant was enthusiastic about moving into an RV and cancelling his Enbridge account before signing the N11 agreement.
The Tenant stated that he was threatened with Sheriff enforced eviction if he didn't sign the N11 agreement, and that he felt forced into signing it.
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