Nguyen v Martellacci
Landlord wins · Oakville · 2025-09-03
- Adjudicator
- Julie Broderick
- Dispute
- Non-payment of Rent, Tenant-initiated Termination
- Landlord
- T.M.H.N.
- Tenant
- F.M.
What happened
The Landlord applied for an eviction order after the Tenant signed an N11 agreement to terminate the tenancy. An initial order was issued without a hearing. The Tenant filed a motion to set aside that order, claiming she was coerced into signing because the Landlord offered to waive significant rent arrears in exchange for a move-out date and imposed a short deadline for the offer. The Tenant also cited a failed air conditioning unit and the Landlord's delay in withdrawing other LTB applications as reasons for refusing to vacate.
The ruling
The Tenant's motion to set aside the eviction order was denied. The Board found the N11 agreement to be valid and not the product of coercion. The stay of the original eviction order is lifted effective September 15, 2025, providing the Tenant time to move into her new accommodations.