Barberian v Shah
Landlord wins · Toronto · 2021-07-26
- Adjudicator
- Alex Brkic
- Dispute
- Termination of Tenancy
- Notice
- Landlord Requiring Possession (N12)
- Amount
- <$5K
- Landlord
- A.B.
- Tenant
- D.S.
- Landlord rep
- David Strashin
- Tenant rep
- Tenant Duty Counsel
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement to terminate the tenancy. The parties had reached a verbal agreement to terminate the tenancy on April 30, 2021 in exchange for approximately two months' rent, but the Tenant did not vacate the unit by the agreed-upon date.
The ruling
The Board found that the parties had entered into a valid verbal agreement to terminate the tenancy on April 30, 2021 in exchange for approximately two months' rent. The Tenant was ordered to vacate the unit by August 20, 2021 and pay the Landlord $201 for the cost of filing the application. If the Tenant did not pay the full amount owing by August 6, 2021, they would start to owe interest at 2% annually on the outstanding balance.