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Case Study

LTB Decision on Eviction for Non-payment of Rent

Case Analysis of Joint Tenancy and Tenancy in Common

🕑 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

ℹ️ 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.
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