Tenant Wins Motion to Set Aside Eviction Order in Mehta v Lawal: Mehta v Lawal 2021
Tenant successfully challenges eviction order, Landlord and Tenant Board rules in favor of tenant
Summarized by RentZenLast updated: July 26, 2024
Case Summary
163 Veterans Drive, Brampton, ON L7A4S6
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2021
Hearing Date
Sep 2021
Order Date
Sep 27, 2021
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant entered into an agreement to terminate the tenancy. The Tenant filed a motion to set aside the order. The Landlord and Tenant attended the hearing, and the Tenant's motion was granted.
Determinations
- Landlord and Tenant did not agree to terminate tenancy effective July 31, 2021
- Parties signed mutual release on May 30, 2021 regarding sale of property
- $25,000 deposit was to be returned to Tenant on June 14, 2021, same date N11 was allegedly signed
- Tenant signed document believing it was to acknowledge receipt of deposit, not terminate tenancy
- Tenant's account of events on June 14, 2021 is more credible than Landlord's witness
Case Study
The Landlord and Tenant did not agree to terminate the tenancy effective July 31, 2021. The Tenant's account of the discussion about the form presented to her on June 14, 2021 is consistent with the evidence, and the Landlord's witness' testimony was vague. The Tenant did not agree to terminate the tenancy.
Arguments and Actions
Tenant
Actions
Tenant signed document on June 14, 2021 believing it was to acknowledge receipt of $25,000 deposit, not to terminate tenancy.
Decision Summary
The Tenant's motion to set aside the eviction order was granted. Order HOL-11011-21, issued on July 5, 2021, is cancelled.
Adjudicator Details
LTB Member
Total Orders
536
Landlord Favorable
91.2%
Tenant Favorable
5.4%
Mutual Agreement
3.4%
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Financial Details
Rent Deposit
$25,000
Source
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