PATHANIA v Maiorano

Landlord wins · Toronto · 2025-07-07

Adjudicator

Karen Gonçalves

Dispute

Non-payment of Rent, Review Of Order

Landlord

N.P.

Tenant

S.M., K.S., A.F., T.Z., C.S.

What happened

Tenant 1 requested a review of an order dated January 7, 2022, which required the Tenants to pay rent arrears. Tenant 1 claimed a serious error occurred because she had moved out of the rental unit in November 2020, before the arrears period (December 2020 to April 2021). She also claimed she was not reasonably able to participate in the original hearing because she did not receive notice. The Board found that because it was a joint tenancy and Tenant 1 did not obtain consent from the Landlord and other Tenants to be removed from the lease, she remained jointly and severally liable for the rent. Furthermore, evidence showed Tenant 1 was aware of the hearing date but failed to exercise due diligence to attend.

The ruling

The request for review of order LTB-L-049102-25 is denied. The original order remains unchanged and the stay of that order is lifted immediately. Tenant 1 remains liable for the rent arrears despite having moved out prior to the debt accruing, due to the nature of joint and several liability in the lease agreement.