Landlord Wins Motion to Uphold Termination Agreement: Kumari v Babos
Landlord wins motion to uphold termination agreement in North York rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
110 Glen Long Ave, North York, ON M6B2M5
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date (Estimate)
Nov 2022
Tenancy End Date
Feb 2023
Hearing Date
Jun 2023
Order Date
Sep 12, 2023
We estimate Application Date using rent arrears. Tenancy ended before hearing.
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant entered into an agreement to terminate the tenancy. The tenant filed a motion to set aside the previous order issued without a hearing.
Determinations
- Parties signed N11 agreement on February 16, 2023 to terminate tenancy as of February 28, 2023
- Tenant did not vacate by termination date
- Tenant owes $12,448 in rent arrears as of hearing date
- Landlord agreed to pay tenant 2 months' rent as compensation
Case Study
The main issue was whether the parties had entered into a valid agreement to terminate the tenancy. The landlord and her witness testified that the parties signed an N11 agreement on February 16, 2023 to terminate the tenancy as of February 28, 2023, and the tenant negotiated for two months' rent as compensation. The tenant claimed she was tricked into signing the agreement. However, the adjudicator found the landlord's and witness's testimony more credible, and that the tenant ought to have known the agreement she was entering into.
Arguments and Actions
Landlord
Actions
Landlord and her witness testified that the parties signed the N11 agreement on February 16, 2023 to terminate the tenancy as of February 28, 2023, and the landlord agreed to pay the tenant 2 months' rent as compensation.
Tenant
Arguments
Tenant claimed she was tricked into signing the N11 agreement.
Actions
Tenant did not vacate the rental unit by the termination date of February 28, 2023 as agreed in the N11 agreement.
Decision Summary
The adjudicator found that the parties had entered into a valid agreement to terminate the tenancy as of February 28, 2023, and denied the tenant's motion to set aside the previous order. The stay of the previous order was lifted.
Adjudicator Details
LTB Member
Total Orders
270
Landlord Favorable
91.1%
Tenant Favorable
5.6%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$3,112
Rent Arrears
$12,448
Other Owed Amount
$6,224
2 months' rent as compensation to tenant
Source
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