Shukla v Giraldi

Tenant wins · Hamilton · 2025-09-24

Adjudicator

Nicole Pedron

Dispute

Tenant-initiated Termination

Notice

Agreement to end the tenancy (N11)

Landlord

D.S.

Tenant

N.G.

What happened

The Landlord applied for an ex-parte order to terminate the tenancy based on an N11 agreement. An order was initially issued without a hearing. The Tenant filed a motion to set aside the order, claiming they did not sign the agreement and that the writing on the form was not theirs. During the hearing, the Landlord admitted that the Tenant had signed the N11 while the form was completely blank and that the Landlord filled in the details later. The Board determined that a blank form does not constitute a valid agreement to terminate.

The ruling

The Tenant's motion to set aside the eviction order is granted. The original order issued on July 14, 2025, which terminated the tenancy based on a purported N11 agreement, is set aside and cannot be enforced. The Board found the agreement invalid because it was signed in blank by the Tenant.