Improper Form (N9): Difference between revisions

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==<i>Residential Tenancies Act</i>==
==<i>Residential Tenancies Act</i>==


<b>Agreement to terminate, tenant’s notice</b>
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,
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,


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:(b) the tenant has given the landlord notice of termination of the tenancy.
:(b) the tenant has given the landlord notice of termination of the tenancy.
<b>Same</b>
(2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.


==<i>Ritz v Featherstone,</i> 2021 CanLII 144222 (ON LTB)<ref name="Ritz"/>==
==<i>Ritz v Featherstone,</i> 2021 CanLII 144222 (ON LTB)<ref name="Ritz"/>==

Revision as of 19:23, 4 May 2022

[[Category:

Residential Tenancies Act

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)[1]

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]

  1. 1.0 1.1 Ritz v Featherstone, 2021 CanLII 144222 (ON LTB), <https://canlii.ca/t/jmsr4>, retrieved on 2022-05-04