Davis Properties Inc v Porter

Landlord wins · Earlton · 2025-08-28

Adjudicator

Vicky Liu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Davis Properties Inc

Tenant

T.P., C.P.

Landlord rep

Cindy Marriott

What happened

The Landlord applied for the termination of the tenancy and eviction of the Tenants due to non-payment of rent. A central issue was whether Tenant 2 remained liable for rent arrears after moving out in January 2025 following a separation from Tenant 1. The Landlord argued the tenancy was never formally severed, while Tenant 2 contended she should not be responsible for arrears accumulated after her departure. Tenant 1 remained in the unit until July 31, 2025.

The ruling

The LTB terminated the tenancy effective July 31, 2025. Both Tenant 1 and Tenant 2 are ordered to pay the Landlord $3,466.00, representing rent arrears and the application filing fee. The Board ruled that Tenant 2 remained liable for the debt as a joint tenant because she failed to legally sever her interest in the tenancy upon moving out.