Improper Form (N9)

From Riverview Legal Group


Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-05-03
CLNP Page ID: 1913
Page Categories: [Notice of Termination by Tenant (LTB)], [Section 77 (RTA)]
Citation: Improper Form (N9), CLNP 1913, <https://rvt.link/40>, retrieved on 2024-05-03
Editor: Sharvey
Last Updated: 2023/02/15


Residential Tenancies Act[1]

Agreement to terminate, tenant’s notice
77 (1) A landlord may, without notice to the tenant, apply to the Board for an order terminating a tenancy and evicting the tenant if,

(a) the landlord and tenant have entered into an agreement to terminate the tenancy; or
(b) the tenant has given the landlord notice of termination of the tenancy.

Same
(2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.

Ritz v Featherstone, 2021 CanLII 144222 (ON LTB)[2]

1. The Landlord and the Tenant agreed by text messages and emails (sent by each of them on October 4, 2021) to end the tenancy effective November 1, 2021. While it was not on the Board’s forms (either an N9 or N11), the agreement to terminate the tenancy was still in writing between the parties and complied with section 77 of the Residential Tenancies Act, 2006 which allows for agreements to end the tenancy to be in writing or oral.

References

[1] [2]

  1. 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17 https://www.ontario.ca/laws/statute/06r17, retrieved on May 4, 2022
  2. 2.0 2.1 Ritz v Featherstone, 2021 CanLII 144222 (ON LTB), <https://canlii.ca/t/jmsr4>, retrieved on 2022-05-04