Tenants Win Motion to Set Aside Termination Order: VAN TRAN v KHARAL
Tenants successfully set aside landlord's termination order in Mississauga rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2039 Roy Ivor Cres, Mississauga, ON L5L3N7
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Dec 2022
Order Date
Jan 3, 2023
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants entered into an agreement to terminate the tenancy. The tenants filed a motion to set aside the order because one of the tenants, Sajida Kharal, had surgery and her recovery was slower than expected, and they requested more time to vacate the rental unit.
Determinations
- Landlord and tenants entered into an agreement to terminate the tenancy as of January 31, 2023
- Tenants are a family of five, and the tenancy is a joint tenancy
- Tenant Sehar Kharal was not named on the N11 agreement nor did she sign it
- Tenant Saba Kharal requested to remove Sehar Kharal from the tenancy agreement, but the landlord did not respond
- Sehar Kharal was not aware of the N11 agreement nor did she intend to vacate the rental unit
Case Study
The Board found that the N11 agreement to terminate the tenancy was invalid because not all the tenants named in the tenancy agreement signed it, and there was no written authorization from the tenant Sehar Kharal for the other tenants to act on her behalf. The Board set aside the previous order and dismissed the landlord's application.
Arguments and Actions
Landlord
Arguments
The landlord accepted the email from Saba Kharal requesting to remove Sehar Kharal from the tenancy agreement, and therefore did not include her in the N11 agreement.
Tenant
Arguments
The N11 agreement is invalid as not all tenants signed it and there was no written authorization from Sehar Kharal for the other tenants to act on her behalf.
Actions
Tenant Sehar Kharal was not aware of the N11 agreement nor did she intend to vacate the rental unit.
Decision Summary
The Board set aside the previous order and dismissed the landlord's application. The N11 agreement to terminate the tenancy was found to be invalid as not all tenants signed it and there was no written authorization from one of the tenants for the others to act on her behalf.
Reason for Eviction Relief
Tenant Sajida Kharal had surgery and her recovery was slower than expected, and the tenants requested more time to vacate the rental unit.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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