Evictly

Zibara v Drummond

Landlord wins · Nepean · 2025-07-15

Adjudicator
Sheena Brar
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
M.Z.
Tenant
S.D., S.F.
Landlord rep
Fadi Zibara

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to significant rent arrears. A primary issue during the hearing was whether Tenant 2 was a joint tenant or merely a co-signor. Tenant 2 argued he lived elsewhere and only co-signed to help Tenant 1, who was unemployed. The Landlord provided evidence that Tenant 2 paid rent and had represented himself as a tenant in previous communications. Tenant 1 stated she had already vacated the unit by the hearing date.

The ruling

The LTB terminated the tenancy effective July 26, 2025. The Tenants were ordered to pay $6,184.22 to the Landlord to cover rent arrears up to the hearing date and the filing fee, after deducting the rent deposit and interest. The Tenants can void the eviction by paying $11,717.25 by July 26, 2025. Tenant 2 was held liable as a joint tenant despite his claim of being only a co-signor.