Lee v Cleiri

Landlord wins · Etobicoke · 2025-09-08

Adjudicator

Carrie Bertrand

Dispute

Compensation, Personal Use

Notice

Personal use (N12)

Landlord

S.C., A.W., A.C.

Tenant

C.L., B.P.

Landlord rep

Steven Sheppard

What happened

The Tenants applied for an order determining that the Landlords collected or retained money illegally. The dispute arose after the Landlords issued an N12 notice to end the tenancy because the unit was being sold. The Tenants claimed that the parties had a written agreement for the Landlords to pay two months of rent as compensation if the Tenants vacated by February 28, 2025. While the Landlords waived the rent for February 2025 (one month's compensation), they refused to pay the second month, claiming the agreement was made under duress.

The ruling

The Tenants' application was dismissed. The Landlord was found to have complied with the statutory compensation requirements of the Residential Tenancies Act, 2006 by waiving one month's rent. The claim for additional compensation based on a private agreement was dismissed for lack of jurisdiction, as such matters belong in civil court.