Nussis v Welsch

Landlord wins · North York · 2025-05-20

Adjudicator

Karen Gonçalves

Dispute

Agreement To Terminate (N11), Motion To Set Aside

Notice

Agreement to End the Tenancy (N11)

Landlord

L.N.

Tenant

P.W.

What happened

The Tenant filed a motion to set aside an ex-parte eviction order that was based on a signed N11 Agreement to End the Tenancy. The Tenant argued he didn't understand what he was signing and claimed he was verbally offered $10,000 to vacate, which the Landlord denied. The Landlord countered that the written agreement, which gave the Tenant eight months to move and offered financial incentives for moving out early, was clear and valid. The Board denied the Tenant's motion.

The ruling

The Tenant's motion to set aside the eviction order is denied. The Board found the N11 agreement to terminate the tenancy, signed by both parties, was clear and valid. The eight-month period given to the Tenant to find new accommodation was deemed fair. The stay on the original eviction order is lifted immediately.