Ontario needs to finally fix this tenancy law blindspot Ontario
In Ontario, you could be responsible for a former roommate's rent years after you’ve left a leased property, due to a glaring blindspot in theThe problem arises when there's a"joint tenancy" in which two or more tenants signed one lease, and someone wants to leave while other tenants want to stay.
As a result, Landlord and Tenant Board adjudicators consistently struggle to resolve these conflicts reasonably. In doing so, they typically start by first determining whether there’s a"joint tenancy" or “tenancy in common”. In a joint tenancy, by contrast, multiple tenants sign one lease together and, per section 17 of Ontario’s mandatory standard,"[u]nless otherwise agreed…each tenant is responsible for all tenant obligations…including the full amount of rent."
Otherwise, absent a landlord’s agreement to let a departing tenant loose, the only other option tenants have is to say they'retheir lease interest to a remaining roommate or a new one. And in this scenario, they may argue the landlord cannot"arbitrarily or unreasonably" refuse assignment per section 14 of the standard lease.
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