Evictly

Glassford v Somerton

Landlord wins · Etobicoke · 2025-06-17

Adjudicator
Frank Ebner
Dispute
Tenant-initiated Termination
Notice
Tenant's notice to terminate (N9), Agreement to terminate (N11)
Landlord
D.G.
Tenant
M.S.
Landlord rep
Jessica Glassford
Tenant rep
Priscilla Agyemang

What happened

The Landlord applied to terminate the tenancy based on an agreement to end the tenancy. An initial order was issued without a hearing. The Tenant filed a motion to set aside that order, claiming he never signed an N11 agreement and only signed an N9 notice under duress and while suffering from depression. The Landlord provided evidence that both the N9 and N11 were signed voluntarily by the Tenant on the same day.

The ruling

The Tenant's motion to set aside the eviction order was denied. The LTB found that the Tenant had voluntarily entered into a valid agreement to terminate the tenancy. While the Tenant's request for more time to find housing was acknowledged, the stay of the eviction order was lifted effective July 31, 2025, to balance the prejudice to the Landlord.