Zhang v Suthakaran - Landlord Wins Motion to Uphold N11 Agreement
Landlord upholds N11 termination agreement despite tenant's claim of being misled in North York rental dispute
Summarized by RentZenLast updated: October 13, 2024
Case Summary
39 Bannatyne Dr, North York, ON M2L2N8
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2024
Hearing Date
May 2024
Order Date
May 30, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant entered into an N11 Agreement to terminate the tenancy. The tenant filed a motion to set aside the previous order, arguing that they were misled into signing the N11 Agreement.
Determinations
- Tenant signed N11 Agreement to terminate tenancy
- Tenant claimed they were misled into signing N11 Agreement
- Adjudicator found tenant's explanation not credible
- N11 Agreement is valid and termination date is April 15, 2024
- Stay of previous order lifted effective June 30, 2024
Case Study
The adjudicator found the tenant's explanation not credible, given their level of education and work experience. The adjudicator was satisfied that the N11 Agreement was valid and that the landlord and tenant had entered into an agreement to terminate the tenancy as of April 15, 2024.
Arguments and Actions
Landlord
Arguments
Landlord argued that the N11 Agreement is valid and setting it aside would be prejudicial to the landlord.
Actions
Landlord's agent testified that they explained the N11 Agreement to the tenant and the tenant understood they were agreeing to terminate the tenancy.
Tenant
Arguments
Tenant argued that they were misled into signing the N11 Agreement and did not understand the implications.
Actions
Tenant testified that they were misled into signing the N11 Agreement and never intended to terminate the tenancy.
Decision Summary
The motion to set aside the previous order is denied. The stay of the previous order is lifted effective June 30, 2024, to give the tenant time to find a new rental unit.
Adjudicator Details
LTB Member
Total Orders
443
Landlord Favorable
93.0%
Tenant Favorable
4.5%
Mutual Agreement
2.5%
Need assistance from an expert?
Sponsored
Financial Details
Rent Arrears
$60,000
Total Owing
$60,000 (Owed to Landlord)
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.