Case Study

Eviction Order for Breach of Termination Agreement

Case LTB-L-022710-23-SA Analysis and Decision

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 20, 2023

Order Issued: September 15, 2023

Termination Date: February 28, 2023

Eviction Deadline: September 30, 2023

ℹ️ Case overview

Case Number: LTB-L-022710-23-SA

Address: 567 GRASSLANDS CRT, WATERLOO ON N2V2R5

Form Used: N11

Served By: Landlord

Amount Awarded: Not specified

Decision In Favor: Landlord

Application Type: Eviction for breach of agreement to terminate tenancy

RTA Sections: Section 77(1)a, Section 77(8)

👥 Parties involved

Landlord: Di Su

Landlord Rep: Ling Xi

Tenant: Daniel Klein-horsman, Kyle Power

Tenant Rep: Tenant Duty Counsel

Adjudicator: Not specified

Keywords: eviction, N11 agreement, rent arrears, new lease

⚖️ Decision summary

Eviction order upheld, stay on eviction lifted as of September 30, 2023.

⚠️ Dispute summary

Dispute over validity of new lease and tenant's continuation in the unit without paying rent.

📑 Findings & determinations

Agreement to terminate was not signed under misleading circumstances.
Unfair to set aside the eviction order due to ongoing rent arrears and tenancy issues.

💡 Summary points

Tenant entered into an N11 agreement to terminate tenancy.
Tenant claimed a new lease was signed with new terms, which was contested by the landlord.
Eviction upheld due to tenant's failure to vacate and continued non-payment of rent.

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