Joanna Mar Interior Design v AIlikhan

Split/Other wins · Aurora · 2025-11-07

Adjudicator

Elle Venhola

Dispute

Tenant Rights, Tenant-initiated Termination

Notice

Tenant-initiated Termination (N9)

Landlord

M.A.

Tenant

G.D.L.

Landlord rep

Berkan Altun

What happened

The Occupant (former spouse of the Tenant) filed a T2 application regarding illegal entry and lock changes by the Landlord. The situation is complex: the Tenant is currently incarcerated and the Occupant resides in the unit with children following a Superior Court of Justice order. The Tenant attempted to unilaterally terminate the tenancy via an N9 notice without notifying the Occupant, which may breach family court orders. During the hearing, the Occupant withdrew the T2 application upon realizing that as an occupant, she lacks standing to bring such an application against the Landlord under the Act.

The ruling

The T2 application was dismissed as withdrawn by the Occupant. However, the Board ordered that the authorized occupancy shall continue subject to the family court order. The Landlord is required to provide the Occupant with 10 days' notice before filing any L3 application based on the Tenant's notice to end the tenancy, and must provide the Occupant with copies of any N4 notices or LTB hearing notices without delay. The Tenant is ordered not to provide further termination notices without family court permission.