Landlord Wins Motion to Set Aside: Tabatabaei-Khorasgani v Blackmore 2023
LTB denies tenant motion to set aside order terminating tenancy after landlord and tenants reached voluntary agreement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 75 Bronte Cres, Barrie, ON L4N5P7
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2023
Application Date
Mar 2023
Hearing Date
May 2023
Order Date
May 25, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants entered into an agreement to terminate the tenancy. The tenants filed a motion to set aside the previous order issued without a hearing.
Determinations
- Landlord and tenants entered into agreement to terminate tenancy as of February 5, 2023
- Agreement was voluntary, with no mistake, fraud, duress or misrepresentation
- Tenants received $2,500 from landlord as consideration to help with moving costs
- Tenants had long-standing intention to move and do not demonstrate intention to stay
Case Study
The landlord and tenants entered into a voluntary agreement to terminate the tenancy as of February 5, 2023. The tenants received $2,500 from the landlord as consideration to help with moving costs. There was no mistake, fraud, duress or misrepresentation involved in reaching the agreement. The tenants had a long-standing intention to move and do not demonstrate an intention to stay. Therefore, it would be unfair to set aside the previous order.
Arguments and Actions
Tenant
Actions
Tenants say they had found a place but their future landlord got cold feet and backed out of the agreement. They request time to May 31, 2023 to move.
Decision Summary
The tenants' motion to set aside the previous order is denied. The stay of the previous order is lifted on May 31, 2023, and the previous order remains unchanged.
Adjudicator Details
LTB Member
Total Orders
891
Landlord Favorable
92.1%
Tenant Favorable
5.4%
Mutual Agreement
2.4%
Need assistance from an expert?
Sponsored
Financial Details
Other Owed Amount
$2,500
Consideration paid to tenants for moving costs
Total Owing
$2,500 (Owed to Tenants)
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.