Schell v Vallentgoed
Landlord wins · Gananoque · 2025-07-17
- Adjudicator
- Julie Broderick
- Dispute
- Non-payment of Rent, Tenant-initiated Termination
- Notice
- Agreement to terminate the tenancy (N11)
- Landlord
- W.S.
- Tenant
- P.V.
- Landlord rep
- Y. Pilon
- Tenant rep
- C. J. Easter
What happened
The Landlord applied for an order to terminate the tenancy based on an N11 agreement. An ex-parte order was initially issued. The Tenant filed a motion to set aside that order, claiming she did not sign the agreement voluntarily due to mental health issues and a lack of medication at the time, asserting she was under duress and did not fully comprehend the document.
The ruling
The Tenant's motion to set aside the eviction order is denied. The Board found the N11 agreement to be valid and signed without duress. The stay of the previous order is lifted effective September 1, 2025, and the Tenant is ordered to vacate the unit by August 31, 2025. The Landlord agreed to waive $8,800.00 in arrears as part of the settlement.