Last updated: September 12, 2024
Ordered by Susan Priest,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Citation: VAN TRAN v KHARAL, 2023 ONLTB 13832
File Number: LTB-L-064933-22-SA
Hearing Date
Dec 2022
Order Date
Jan 3, 2023
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.
Tenant Sajida Kharal had surgery and her recovery was slower than expected, and the tenants requested more time to vacate the rental unit.
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.
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.
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.
Tenant Sehar Kharal was not aware of the N11 agreement nor did she intend to vacate the rental unit.
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