Case Timeline
Application Date: 2021-10-29
Hearing Date: 2023-07-13
Order Issued: 2023-10-06
Termination Date: Not applicable, application dismissed
Eviction Deadline: Not applicable
Case Overview
Case Number: LTB-L-068431-22
Address: 1, 270 Seaton Street, Toronto Ontario M5A2T4
Form Used: N4- Notice to Terminate the Tenancy for Non-Payment of Rent
Served By: Landlord
Amount Awarded: None, application dismissed
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69 of the Residential Tenancies Act, 2006, Section 202 of the Act
Parties Involved
Landlord: Isaac Meszen and Perla Meszen
Landlord Rep: Mihai Paunescu
Tenant: Edward Kwak
Tenant Rep: Mohsen Azimi
Adjudicator: Not specified
Keywords: eviction, non-payment of rent, joint tenancy, tenancy in common, lease agreement
Decision Summary
Board found the application flawed as it failed to name both joint tenants.
Application dismissed, no eviction order issued.
Dispute Summary
Tenant argued the tenancy was a tenancy in common, not a joint tenancy.
Landlord asserted it was a joint tenancy with both tenants liable for full rent.
Findings & Determinations
Evidence suggested a lack of joint possession, indicating a tenancy in common.
Landlord's action of allowing former tenant to vacate altered the nature of tenancy.
Summary Points
Landlord applied for eviction due to non-payment of rent.
Dispute over whether the tenancy was a joint tenancy or a tenancy in common.
Application dismissed due to procedural fairness issues.
View Official PDF
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