TSUI v ACOSTA RODRIGUEZ
Last updated: March 4, 2025
Order
Ordered by Robert Patchett,Tribunals Ontario under Section 77, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: TSUI v ACOSTA RODRIGUEZ, 2025 ONLTB 4128
File Number: LTB-L-055398-24-SA
Timeline
Application Date
Jul 2024
Hearing Date
Oct 2024
Order Date
Jan 16, 2025
Decision
The motion to set aside the previous order is granted, as the Landlord was not acting in good faith by having the Tenants sign the N11 notice to terminate the tenancy.
Reason for Eviction Relief
Landlord was not acting in good faith
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the order, arguing that they felt they had no choice but to sign the N11 notice.
Determinations
- Landlord and Tenant entered into agreement to terminate tenancy as of 2024-09-05
- Tenants felt they had no choice but to sign N11 notice
- Landlord had no legitimate plans for the rental unit
- Landlord was not negotiating in good faith
Landlord's Arguments
Arguments
The parties had a valid binding contract when the Tenants signed the N11 notice.
Actions and Evidence
Landlord had the Tenants sign the N11 notice, but did not have any specific plans for the rental unit.
Tenant's Arguments
Arguments
This was a bad faith eviction, as the Landlord had no legitimate plans for the rental unit.
Actions and Evidence
Tenants felt they had no choice but to sign N11 notice, as they were told they would be evicted if they did not.
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