Landlord Wins Termination Case Against Tenants in Oshawa: Upper v Arbo 2021
Landlord wins case to evict tenants who agreed to terminate tenancy but didn't move out
Summarized by RentZenLast updated: July 26, 2024
Case Summary
432 Bloor Street East, Oshawa, ON L1H3M8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2021
Hearing Date
Apr 2021
Order Date
Apr 21, 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
- Parties signed N11 Agreement to Terminate Tenancy with termination date of December 15, 2021
- Tenants did not move out by December 15, 2021 and entered new agreement to terminate on January 31, 2021
- Tenants requested to stay until May 31, 2021 due to difficulty finding alternative housing
- Tenants do not currently have sufficient income to pay rent as it falls due
- Landlord requested stay be lifted immediately due to rent arrears and no last month's rent on deposit
- Board found it would not be unfair to deny Tenants' motion to set aside order
- Stay of order lifted immediately, allowing Landlord to file order with Sheriff for eviction
- Tenants cannot be evicted while regulation prohibiting evictions is in force
Case Study
The Board found that the parties had entered into an agreement to terminate the tenancy, and that it would not be unfair to deny the Tenants' motion to set aside the order. The Board lifted the stay of the order immediately, allowing the Landlord to file the order with the Court Enforcement Office (Sheriff) to evict the Tenants. However, the Tenants cannot be evicted while the regulation prohibiting evictions is in force.
Arguments and Actions
Landlord
Actions
Landlord testified there is significant prejudice to extending the stay of the order as the Tenants cannot pay the rent as it falls due and there is no last month's rent on deposit.
Tenant
Actions
Tenants testified they have been unable to find alternative housing prior to the termination date and requested additional time to move out.
Decision Summary
The Tenants' motion to set aside the order terminating the tenancy is denied. The stay of the order is lifted immediately, allowing the Landlord to file the order with the Sheriff for eviction. However, the Tenants cannot be evicted while the regulation prohibiting evictions is in force.
Adjudicator Details
LTB Member
Total Orders
798
Landlord Favorable
84.6%
Tenant Favorable
6.3%
Mutual Agreement
9.2%
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