Last updated: July 22, 2024
Ordered by Laura Hartslief,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: GAZIANI v ABDEL REHMAN, 2023 ONLTB 17042
File Number: LTB-L-065261-22
Hearing Date
Dec 2022
Order Date
Jan 26, 2023
The Tenants' motion to set aside the eviction order is granted. The agreement to terminate the tenancy is invalid and unenforceable because only one Tenant signed it and the other Tenant did not consent or authorize the first Tenant to act on her behalf.
Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order issued without a hearing.
The Tenants adhered to the payment plan agreement, which suggests that Tenant AAR signed it on behalf of both Tenants, and therefore he also signed the N11 agreement to terminate the tenancy on behalf of both Tenants.
Landlord's husband asked Tenant AAR if he was signing on behalf of his wife, and AAR agreed that he was.
The N11 agreement is invalid and unenforceable because it was only signed by one Tenant and the other Tenant did not consent or authorize the first Tenant to act on her behalf.
Tenant AHA was out of the country when the N11 agreement was signed by Tenant AAR. There is no evidence that AHA was aware of or consented to the agreement.
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