Talk:Failure to Name all Tenant's on Notice of Termination

From Riverview Legal Group
Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-04-30
CLNP Page ID: 2318
Page Categories: Defective Notice (LTB)
Citation: Failure to Name all Tenant's on Notice of Termination, CLNP 2318, <>, retrieved on 2024-04-30
Editor: P08916
Last Updated: 2023/11/27


Alternative Positions

TSL-80045-16 (Re), 2017 CanLII 9509 (ON LTB)[1]

4. The Tenant raised the issue that the tenancy agreement was between the Landlord and two Tenants; but the Form N12 only named one Tenant and is therefore defective.

5. As I stated at the hearing, the requirement for a notice of termination is that it shall identify the rental unit, state the date on which the tenancy is to terminated; and be signed by the person giving the notice. The Form N12 complies with this requirement.

6. Notwithstanding the above, it was the evidence of the Tenant that he and DC signed the lease for the unit. The Tenant also says that DC moved out of the unit in April 2016 and they have tried to have DC removed from the lease.

7. Based on the evidence adduced at the hearing, I find that DC was a tenant when the lease commence but subsequently moved out of the unit. As such there is currently one tenant and the Form N12 is not defective by only naming one tenant.


[1]

References

  1. 1.0 1.1 TSL-80045-16 (Re), 2017 CanLII 9509 (ON LTB), <https://canlii.ca/t/gxqcd>, retrieved on 2023-11-27