Last updated: July 22, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Lu v Saydi, Patterson, Sheldon, 2022 CanLII 118678 (ON LTB)
File Number: TNL-35609-21
Application Date
Oct 2021
Hearing Date
Feb 2022
Order Date
Feb 14, 2022
The Landlord's application was dismissed as the Landlord failed to establish that all Tenants agreed to the termination of the tenancy.
Landlord applied to terminate the tenancy and evict the Tenants based on an N11 agreement signed by only one of the two Tenants. The Tenants disputed the validity of the agreement, as the second Tenant did not sign it.
The Landlord's representative requested an adjournment to gather further evidence and obtain an interpreter.
The Landlord testified that the second-named Tenant told her he had moved out in August 2021, but later changed her evidence to say she was notified by the first-named Tenant on September 5, 2021 that the second-named Tenant had moved out.
The Tenant opposed the adjournment request as she had taken time off from her new job to attend the hearing and submitted that the Landlord should have been prepared.
The first-named Tenant testified that the second-named Tenant is her fiancé who is currently incarcerated and did not sign the agreement to terminate the tenancy.
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