Consent Termination (N11) Liability

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-16
CLNP Page ID:	1982
Page Categories:	[Personal Use Application (LTB)]
Citation:	Consent Termination (N11) Liability, CLNP 1982, <>, retrieved on 2024-05-16
Editor:	P08916
Last Updated:	2022/08/26

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

37 (1) A tenancy may be terminated only in accordance with this Act. 2006, c. 17, s. 37 (1).

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(3) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy. 2006, c. 17, s. 37 (3).

...

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. 2006, c. 17, s. 77 (1).

...

(4) On receipt of the application, the Board may make an order terminating the tenancy and evicting the tenant. 2006, c. 17, s. 77 (4)

...

(6) The respondent may make a motion to the Board, on notice to the applicant, to have the order under subsection (4) set aside within 10 days after the order is issued. 2006, c. 17, s. 77 (6).

...

(8) If the respondent makes a motion under subsection (6), the Board shall, after a hearing,

(a) make an order setting aside the order under subsection (4), if,

(i) the landlord and tenant did not enter into an agreement to terminate the tenancy, and

(ii) the tenant did not give the landlord notice of termination of the tenancy;

(b) make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or

(c) make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order. 2006, c. 17, s. 77 (8).