Hello Landlords,
• The N11 form is an “Agreement to End the Tenancy” that both landlord and tenant voluntarily sign to mutually agree to terminate the tenancy. It allows both the landlord and tenant to mutually agree to end a tenancy on a specific date without requiring a reason, unlike other notices of termination that might be due to non-payment of rent or other issues.
• While the N11 form is a powerful tool for mutually ending a tenancy, if the tenant does not honor it, the landlord must follow a legal process to enforce the agreement. This involves filing an application with the LTB, attending a hearing, obtaining an eviction order, and, if necessary, working with the Sheriff to enforce the eviction.
Your Current Situation:
• Since the tenant voluntarily signed the N11 and moved out, the tenancy legally ended without any obligation on your part to provide compensation.
• Unlike the N12 form, the N11 does not require the landlord to compensate the tenant. Once signed, the N11 is legally binding, and the tenant cannot later demand compensation that they would have received under a different termination notice, such as the N12.
• The tenant’s request for further compensation seems to be based on a misunderstanding or an attempt to renegotiate the terms post-agreement, which is not valid under the law. The LTB generally upholds the terms of a signed N11.
• When a tenant asks for compensation after moving out, the situation can be delicate and requires careful handling. While the N11 form is intended to conclude the tenancy relationship, a tenant’s request for compensation might stem from perceived unfairness or unfulfilled promises. Landlords should respond professionally, documenting all interactions and seeking a resolution that avoids escalating the conflict. In cases where negotiation fails, legal avenues can be pursued.
Steps You Should Take:
- Document Everything: Keep all communications with the tenant in writing. This includes any agreements, emails, or messages where the tenant acknowledges the N11 and the terms agreed upon.
- Reaffirm the Agreement: Politely but firmly reiterate to the tenant that the N11 they signed is binding, and that no compensation is owed beyond what was agreed upon. Mention that you have already gone beyond your legal obligation by offering two weeks’ compensation and agreeing not to file claims for damages.
- Stand Your Ground: If the tenant continues to demand additional compensation or threatens legal action, you are within your rights to decline. You have already confirmed with the Landlord and Tenant Board that the N11 is fair and legal.
- Prepare for Possible LTB Action: If the tenant decides to take the matter to the LTB, be prepared to present your case. The LTB will consider the signed N11, the fact that the tenant voluntarily signed it, and any additional agreements you made regarding compensation.
The N11 is clear and legally binding. You have gone above and beyond by offering additional compensation and not pursuing damages. The tenant’s additional demand for $800 appears unfounded, and you are within your rights to refuse it. If the tenant pursues this matter with the LTB, the evidence and agreements you have should protect your interests.
Submit Your Question to Ask a Paralegal >>
— Landlord Pro Legal SPC
Ph: 226-620-1324
Email: ze@landlordprolegal.ca
Website: http://landlordprolegal.ca\
DISCLAIMER: The information provided by Landlord Pro Legal SPC is intended for general informational purposes only and does not constitute legal advice. Use of this information is at your own risk. The content is not intended to create, and receipt or viewing of it does not constitute, an attorney-client relationship or any other form of legal representation.
For legal advice tailored to your specific circumstances, please consult a qualified legal professional from Landlord Pro Legal by scheduling a free 15 minute consultation: