Real Estate

Tenant taking me to court

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  • Jan 15th, 2021 4:42 pm
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[OP]
Sr. Member
Jan 30, 2017
679 posts
106 upvotes

Tenant taking me to court

In November a tenant signed an agreement to end tenancy with me (N11).. at the end of November he was supposed to leave

He didn’t end up leaving so I submitted it to LTB

Then LTB sent him an order to leave but he went ahead and got a stay.He said how he never signed the paper.

He also sent in the paperwork 3 days late but the adjucator wrote that he is dismissing the lateness of the stay

On that November day - 2 dogs were signed - the n11 and another pen written document that stated that the tenant would leave and that he would get his last month rent when he leaves.

Luckily, I audio recorded the conversation of the signing of the process. It clearly talks about the different things in the doc and aligns exactly to the written agreement.

I also reached out to the witness who was there. This is his friend. I called him and had a conversation which I video recorded where she admitted that he did in fact sign it and she was witness to it. I also asked him for an email and he sent a short confirmation that in fact he did sign the paperwork

I am the type of person that likes to make sure I cross my I and dot my T. I don’t like taking things for chance. So I have a few questions I’m hoping the landlord community can help me out

1) is the onus on me to prove that he signed? Or is the onus on him to prove he didn’t sign?
2) if it’s on me, do you think I have legit proof
3) Are you allowed to discuss any issue like violence and stuff or is the hearing strictly on if he did or did not sign. Can the tenant bring up allegations that I am a landlord that doesn’t fix stuff blah bla now.. (he never served me once with any t1 or t2.. he only complaints)
4) am I allowed to bring up other matters to get him evicted. I served him with a n5 earlier in the year because he was smoking but I didn’t give to the board because I had the n11 and the route for n11 is way easier.
5) any other general advice would be appreciated as I am just a small time landlord.
6) I have been looking for a case online that looks like mine.. where a tenant has challenged the n11.. anyone know of a case number that I can look at
7) Is the LTB allowed to just get a past due stay request and listen to it? He had to appeal on time but he didn’t..why is the adjucator giving him leniency?

THANKS!!
13 replies
Member
Apr 15, 2009
280 posts
290 upvotes
toronto
One thing is always true: one can not prove he didn’t sign. Impossible. It’ll be on you to prove he did. The rest I have no clue about.
Deal Expert
Feb 29, 2008
17306 posts
14710 upvotes
Tarrana & The Ri…
Let me guess... Ontario?
Sr. Member
Jan 27, 2018
520 posts
498 upvotes
Eaglesfan99 wrote: In November a tenant signed an agreement to end tenancy with me (N11).. at the end of November he was supposed to leave

He didn’t end up leaving so I submitted it to LTB

Then LTB sent him an order to leave but he went ahead and got a stay.He said how he never signed the paper.

He also sent in the paperwork 3 days late but the adjucator wrote that he is dismissing the lateness of the stay

On that November day - 2 dogs were signed - the n11 and another pen written document that stated that the tenant would leave and that he would get his last month rent when he leaves.

Luckily, I audio recorded the conversation of the signing of the process. It clearly talks about the different things in the doc and aligns exactly to the written agreement.

I also reached out to the witness who was there. This is his friend. I called him and had a conversation which I video recorded where she admitted that he did in fact sign it and she was witness to it. I also asked him for an email and he sent a short confirmation that in fact he did sign the paperwork

I am the type of person that likes to make sure I cross my I and dot my T. I don’t like taking things for chance. So I have a few questions I’m hoping the landlord community can help me out

1) is the onus on me to prove that he signed? Or is the onus on him to prove he didn’t sign?
2) if it’s on me, do you think I have legit proof
3) Are you allowed to discuss any issue like violence and stuff or is the hearing strictly on if he did or did not sign. Can the tenant bring up allegations that I am a landlord that doesn’t fix stuff blah bla now.. (he never served me once with any t1 or t2.. he only complaints)
4) am I allowed to bring up other matters to get him evicted. I served him with a n5 earlier in the year because he was smoking but I didn’t give to the board because I had the n11 and the route for n11 is way easier.
5) any other general advice would be appreciated as I am just a small time landlord.
6) I have been looking for a case online that looks like mine.. where a tenant has challenged the n11.. anyone know of a case number that I can look at
7) Is the LTB allowed to just get a past due stay request and listen to it? He had to appeal on time but he didn’t..why is the adjucator giving him leniency?

THANKS!!
Get a lawyer in at this point...
[OP]
Sr. Member
Jan 30, 2017
679 posts
106 upvotes
mstefa wrote: One thing is always true: one can not prove he didn’t sign. Impossible. It’ll be on you to prove he did. The rest I have no clue about.
Yes I agree with that.. I think I have good evidence though
Sr. Member
Oct 11, 2016
859 posts
379 upvotes
Also, did the other person know they were being recorded? Not sure your audio or video evidence would even be admissible. However I am not a lawyer. As another person you may want to consider getting one.
[OP]
Sr. Member
Jan 30, 2017
679 posts
106 upvotes
yydd4567 wrote: Also, did the other person know they were being recorded? Not sure your audio or video evidence would even be admissible. However I am not a lawyer. As another person you may want to consider getting one.
Oh that’s a good point didn’t even think about that
Deal Addict
User avatar
Nov 5, 2018
2916 posts
5206 upvotes
Toronto
yydd4567 wrote: Also, did the other person know they were being recorded? Not sure your audio or video evidence would even be admissible. However I am not a lawyer. As another person you may want to consider getting one.
Didn't something like this happen in Better Call Saul between Jimmy and Chuck?
Called the bottom.
Sr. Member
Nov 13, 2016
796 posts
427 upvotes
As long as you (at least 1 party) are part of the conversation, the audio recording is legal.
[OP]
Sr. Member
Jan 30, 2017
679 posts
106 upvotes
I spoke with self helpline this morning

They said the adjucator makes decisions based on a balance of probabilities.. she kept repeating that word

So I think I have a strong case on a balance of probabilities cause especially cause of the witness statement.

I am thinking I ask permission for the witness to join the call.
[OP]
Sr. Member
Jan 30, 2017
679 posts
106 upvotes
Canadadesi wrote: As long as you (at least 1 party) are part of the conversation, the audio recording is legal.
Thank you
Deal Addict
May 12, 2014
3209 posts
3119 upvotes
Montreal
Canadadesi wrote: As long as you (at least 1 party) are part of the conversation, the audio recording is legal.
That just means that you won't be criminally charged in Canada because we're a single party consent state.

It doesn't mean that the tribunal will agree to enter the recording into existence. Those rules vary by province, by tribunal, and according to circumstances.

Bring your recording, sure, and try to present it. But if you can also get other proof (witness, etc) then bring that too.

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