Abed Moosa v Titov
Landlord wins · Etobicoke · 2025-07-14
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- A.M.R.A.M.
- Tenant
- P.T., O.L.
- Landlord rep
- Warren Rigby
- Tenant rep
- Elina Vasilieva
What happened
The Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent. Tenant 1 sought to be removed from the application, arguing that a police undertaking following a domestic assault charge prevented him from residing in the unit, thereby frustrating the contract. The Board rejected this, ruling that the joint tenancy created joint and several liability for both tenants, especially as the arrears accrued while both were in possession. Tenant 2 admitted to being unable to pay due to unemployment.
The ruling
The tenancy is terminated effective July 31, 2025, unless the Tenants pay $13,986.00 to void the order. If they do not void the order, they are ordered to pay the Landlord $9,195.97 for arrears and fees, after accounting for payments made and the rent deposit. The Board found both tenants jointly liable despite Tenant 1's forced absence due to criminal proceedings.