Creekside Senior Estates v Croft

Tenant wins · Niagara On The Lake · 2025-08-28

Adjudicator

Alicia Johnson

Dispute

Tenant-initiated Termination

Landlord

Creekside Senior Estates

Tenant

D.C.

Landlord rep

Douglas Lloyd Getty

Tenant rep

Robert Barber

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant (occupant) based on an alleged agreement to terminate. The Tenant is the son of the original tenant who passed away on June 6, 2025. The Landlord argued that the complex is a 55+ community and the Tenant did not meet the age requirements. However, the Board found no evidence of a written agreement to terminate (such as an N9 or N11) between the Landlord and the current occupant. The Tenant vacated the unit shortly before the hearing.

The ruling

The Landlord's application to terminate the tenancy based on an agreement was dismissed. The Board found no evidence of a valid written agreement to terminate between the Landlord and the occupant. Furthermore, the occupant had already vacated the unit by the time of the hearing.