Tenant taking me to court
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?