Rakhra v Smith
Landlord wins · Brampton · 2025-07-15
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- R.R.
- Tenant
- P.S., R.G.
- Landlord rep
- A. Smith
What happened
The Landlord applied for eviction and rent arrears. Tenant 1 sought an adjournment citing a potential bankruptcy filing, which was initially denied for lack of evidence but later substantiated. The filing triggered a stay of proceedings against Tenant 1. Tenant 2, a joint tenant, had allegedly vacated following a police dispute but remained legally responsible as a joint tenant. The Board determined that while the stay protected Tenant 1, Tenant 2 remained liable for the full amount of arrears.
The ruling
The application for eviction was effectively denied due to a bankruptcy stay involving Tenant 1. However, Tenant 2 was ordered to pay the Landlord $11,786.00 for rent arrears and the application fee. Tenant 2 remains liable for the full amount as a joint tenant despite claims of moving out previously and despite Tenant 1's bankruptcy status.