Landlord Wins Motion to Uphold Termination Agreement: Rinella v Scarlett 2024
Toronto tenant's motion to set aside termination agreement denied, eviction order upheld
Summarized by RentZenLast updated: September 12, 2024
Case Summary
120 Parliament Street, Toronto, ON M5A0N6
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2024
Order Date
Mar 27, 2024
Tenancy End Date
Apr 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. The Tenant filed a motion to set aside the eviction order, arguing that she signed the N11 agreement under duress.
Determinations
- Parties agreed to terminate tenancy on October 23, 2023
- Tenant signed N11 agreement
- Tenant changed her mind about agreement
- Landlord filed L3 application based on N11 agreement
Case Study
The Tenant's motion is denied. The parties entered into a valid agreement to terminate the tenancy, and the Tenant did not establish that she was under duress or incapable of making decisions when she signed the N11 agreement.
Arguments and Actions
Landlord
Arguments
Landlord argued N11 agreement was valid and should not be set aside.
Actions
Landlord notified Tenant of intention to attend rental unit. Landlord and Tenant discussed rent arrears and utilities non-payment. Parties agreed to terminate tenancy.
Tenant
Arguments
Tenant argued N11 agreement was signed under duress and should be set aside.
Actions
Tenant was in distress due to financial and personal issues when Landlord arrived at the rental unit. Tenant signed N11 agreement to terminate tenancy.
Decision Summary
The Tenant's motion to set aside the eviction order is denied. The parties entered into a valid agreement to terminate the tenancy, and it would be unfair to set aside the order. The stay of the eviction order is lifted on April 15, 2024.
Adjudicator Details
LTB Member
Total Orders
513
Landlord Favorable
92.2%
Tenant Favorable
4.3%
Mutual Agreement
3.5%
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.