LTB Order LTB-L-025792-23

Order under Section 77 2023 ONLTB 45406 (CanLII) Residential Tenancies Act, 2006 Citation: TUK Developments Inc. v S., 2023 ONLTB 45406 Date: 2023-06-26 File Number: LTB-L-025792-23 In the matter of: 3, 12 MAIN ST E GD 0 SELKIRK ON N0A1P0 Between: TUK Developments Inc. Landlord And L.S. Tenants Vincenzo DiMascio TUK Developments Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict L.S. and Vincenzo DiMascio (the 'Tenants') because the Tenants entered into an agreement to terminate the tenancy (L3 application). The application was heard via video teleconference on May 25, 2023. The Landlord’s legal representative, Josh McDougall and the Landlord Evan Ungar on behalf of TUK Developments Inc. attended the hearing. As of 10:44 am, neither of the Tenants were present or represented, although the Tenants were sent a Notice of Hearing by the Board. The hearing proceeded uncontested. Determinations: 1. This application was filed pursuant to section 77 of the Residential Tenancies Act, 2006 (the 'Act'). Applications of this nature often result in the Board issuing an eviction order without a hearing. However, a Duty member at the Board, directed this application to proceed to a hearing to address a discrepancy. The discrepancy being, the N11 Agreement to End the Tenancy (‘N11’) did not list the rental unit number but the rental unit number was noted in the application filed by the Landlord. 2. The application was filed on March 28, 2023 and was based on an N11, signed by the Landlord and both Tenants on March 6, 2023 with a termination date of March 31, 2023. Order Page 1 of 3  Rental unit number not identified on N11 3. The Landlord states that the N11 is an agreement between the parties and is based on subsection 77(1)(a) of the Act. The Landlord states that an N11 does not need to comply with the requirements set out within subsection 43(1)(a) of the Act which stipulates that a rental unit must be identified within a notice of termination. I find that the N11 is an 2023 ONLTB 45406 (CanLII) File Number: LTB-L-025792-23 agreement between the parties and therefore subsection 43(1)(a) of the Act does not apply to an N11. Was there an agreement to terminate the tenancy? 4. The Landlord states that the Landlord and the Tenants mutually agreed to end the tenancy on March 31, 2023 as stipulated in the N11, signed by all parties on March 6, 2023. The Landlord also relies on a release signed by both Tenants and the Landlord on March 6, 2023 in which the Landlord provided compensation to the Tenants in the amount of $3,400.00 to assist the Tenants with paying first and last month’s rent at the new address they would be moving to. The Landlord also produced a copy of a video showing both Tenants and the Landlord signing the N11 and the release on March 6, 2023. 5. The Landlord produced text message correspondence dated March 24, 2023 sent at 8:09 am from the Tenants to the Landlord in which the Tenants acknowledge signing the N11 and release form based on the assumption that they had a place to move to. The Tenants further advise the Landlord by text message that the place they were going to move to had fallen through and the Tenants requested an extension of time to find another place to move to. 6. Based on the Landlord’s uncontested evidence which I accept, I find the N11 was signed by both Tenants and the Landlord on March 6, 2023 and it is a binding agreement. I find it contains all of the elements of a binding written contract, including offer, acceptance, meeting of the minds and consideration. I find the video of the Tenants and the Landlord signing the N11 on March 6, 2023 and the text messages produced by the Landlord further support that the Tenants agreed to terminate the tenancy as set out within the N11. The Tenants change of circumstance which arose after the N11 was signed which suggest that the Tenants were unable to secure another place to move to, do not change the initial assertion that the parties had an agreement to terminate the tenancy. The Tenants did not attend the hearing to challenge the Landlord’s evidence and there have been no compelling reasons provided to set this agreement aside. Compelling reasons to set aside such an agreement would include, but is not limited to, things like duress; fraud or negligent misrepresentation; or mistake of fact or law. Order Page 2 of 3  7. This order contains all of the reasons for my decision within it. No further reasons shall be issued. It is ordered that: 2023 ONLTB 45406 (CanLII) 1. The tenancy between the Landlord and Tenants is terminated. The Tenants must move out of the rental unit on or before July 7, 2023. 2. If the unit is not vacated on or before July 7, 2023, then starting July 8, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after July 8, 2023. File Number: LTB-L-025792-23 4. The Tenants shall pay to the Landlord $186.00, for the cost of filing the application. 5. If the Tenants do not pay the Landlord the full amount owing on or before July 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 8, 2023 at 6.00% annually on the balance outstanding. June 26, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. The Tenants have until July 6, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the Tenants file the motion by July 6, 2023 the order will be stayed and the LTB will schedule a hearing. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on January 8, 2024 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Order Page 3 of 3