Improper Form (N9)

[[Category:

Residential Tenancies Act

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.

Ritz v Featherstone, 2021 CanLII 144222 (ON LTB)

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.