Mikhael v Stewart

Landlord wins · Gloucester · 2025-07-24

Adjudicator

Vladimir Nikitin

Dispute

Tenant-initiated Termination, Unauthorized Occupant

Notice

Tenant-initiated Termination (N9)

Landlord

N.M., A.M.

Tenant

E.S., M.M.

Landlord rep

Lorenzo Patino

What happened

The Landlords obtained an ex-parte eviction order after the Tenants signed an N9 termination notice but failed to vacate. Tenant 1 filed a motion to set aside the order, claiming the N9 was signed under duress and misrepresentation. Specifically, the Tenant alleged the Landlord intimidated occupants and promised a new lease for the remaining occupants (including the Tenant's mother) that never materialized. The Landlord maintained the N9 was voluntary as the Tenants had already purchased a new home and wanted to end their liability for the rental unit.

The ruling

The LTB denied the Tenants' motion to set aside the eviction order. The Member found that the Tenants voluntarily signed the N9 notice to terminate the tenancy after they had already moved out and purchased a new home. The stay of the previous eviction order (issued June 2, 2025) is lifted immediately, allowing the Landlord to regain possession of the unit.