Desjardins v Johnson

Landlord wins · Kingston · 2025-08-11

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Ending the tenancy - sexual or domestic violence (N15)

Amount

<$5K

Landlord

J.D.

Tenant

K.J., C.V.

Landlord rep

J. Moak

What happened

The Landlord applied for termination of tenancy and eviction due to non-payment of rent. A key issue was the liability of Tenant 1, who had served an N15 notice to terminate her portion of the joint tenancy effective February 28, 2025, due to specific safety provisions under the Act. Tenant 2 remained in the unit until March 31, 2025. The Board had to determine if Tenant 1 remained liable for arrears despite moving out and whether the rent deposit could be applied to her final month.

The ruling

The tenancy is terminated effective March 31, 2025. The Tenants (including the former joint tenant who served an N15) are ordered to pay the Landlord $1,849.96, representing rent arrears for February and March 2025 and the application fee, less the rent deposit and accrued interest. The Board clarified that a tenant vacating via N15 remains liable for rent arrears prior to their departure and cannot claim the rent deposit for their final month if another tenant remains.