Vigliotti v Carpenter
Landlord wins · Ottawa · 2025-05-28
- Adjudicator
- Rebecca Case
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- R.V.
- Tenant
- J.C., J.R.
What happened
The Landlord applied to evict the Tenants for non-payment of rent. One tenant (James Carpenter) attended the hearing, arguing he had moved out in January 2025 and shouldn't be responsible for arrears accumulated by his co-tenant (Jillian Racine) who stayed until April 2025. The Board found that the joint tenancy was not legally severed, and both tenants remained jointly liable. The tenant Jillian Racine had already vacated, and James Carpenter was found to be in possession of the unit after receiving keys from the landlord. Both parties agreed to terminate the tenancy.
The ruling
The LTB issued a conditional order terminating the tenancy. The Tenants can void the eviction by paying $10,086.00 by May 31, 2025. If they fail to pay, the tenancy terminates on May 31, 2025, they must vacate, and they are ordered to pay the Landlord $6,304.85 plus daily compensation of $81.37 from May 16, 2025. The Board reinforced that both tenants in a joint tenancy are liable for rent until the tenancy is legally severed with the consent of all parties, regardless of one tenant moving out.