Arsenault v Einarson and Caruana

Split/Other wins · Orillia · 2021-10-25

Adjudicator

Harry Cho

Dispute

Tenant-initiated Termination

Landlord

C.A.

Tenant

P.E., P.C.

Landlord rep

A. Lahey

What happened

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 order, which was heard. The Tenant PC agreed that they had entered into an agreement to terminate the tenancy effective August 1, 2021, and the Landlord had paid them $1,000 and waived rent arrears in consideration for terminating the tenancy. However, due to unforeseen circumstances, the Tenants were not able to vacate the rental unit by the agreed upon date.

The ruling

The motion to set aside the July 26, 2021 order is denied, but the stay of that order is postponed until November 30, 2021 to allow the Tenants additional time to find new accommodation.