Consent Termination Re: N11 (LTB)

Residential Tenancies Act, 2006, S.O. 2006, c. 17, Section 43

43 (1) Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

(c) be signed by the person giving the notice, or the person’s agent.

(2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that,

(a) if the tenant vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in clause (1) (b);

(b) if the tenant does not vacate the rental unit, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant; and

(c) if the landlord applies for an order, the tenant is entitled to dispute the application.

46 (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless,

(a) the tenant vacates the rental unit before that time; or

(b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time.

(2) Subsection (1) does not apply with respect to a notice based on a tenant’s failure to pay rent.

TSL-41201-13-SA (Re), 2013 CanLII 51078 (ON LTB)

1. This issue to be determined by the Board is whether the Landlord and the Tenant had an agreement to terminate the tenancy.

2. The residential property is a bachelor condominium unit. The Tenant has lived in the unit for 8 years.

3. The Tenant’s evidence was that she signed the Agreement to Terminate a Tenancy (Form N11) under duress and she had no knowledge and did not realize the consequences of what she signed. The Tenant initially stated that she signed the Form N11 without reading it, but later stated that she did read it but did not understand the consequences. The Tenant indicated that she was on anti-depressants when she read the Form N11.

4. The Tenant acknowledged that there had been an ongoing agreement with the Landlord to move out. However, the Tenant has been unable to find a new residence.