Kitts v Krishnamoorthy: Bad Faith Eviction Claim Dismissed
Cambridge tenants' bad faith eviction claim dismissed after voluntary 'cash for keys' agreement
Summarized by RentZenLast updated: November 14, 2024
Case Summary
154 Kovac Road, Cambridge, ON N1R7V8
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Aug 27, 2024
Dispute Summary
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith, alleging they were asked to vacate under false pretenses of the Landlords' daughter moving in.
Determinations
- No formal N12 notice issued
- Parties entered 'cash for keys' agreement
- Tenants signed N11 notice voluntarily
- Landlords paid six months rent as compensation
Case Study
Tenants must prove bad faith termination on balance of probabilities, which they failed to do in this case.
Arguments and Actions
Landlord
Arguments
No bad faith termination occurred
Actions
Paid six months rent as compensation, kept options open about unit's future
Tenant
Arguments
Claimed Landlords misrepresented intention to occupy unit
Actions
Tenants negotiated 'cash for keys' agreement and signed N11 notice
Decision Summary
Application dismissed. Tenants did not prove bad faith termination, and the parties voluntarily entered a mutual agreement to terminate the tenancy.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.