2 tenants on lease. What happens if I apply to evict one? ONTARIO

[Account Closed]

My concern/question is "Am I stuck with soaking half the rent indefinitely?"

I have a rental property in Cornwall, Ontario and I bought a triplex that has two tenants on the lease.  They are (or were) friends and now are having a falling out.  One of the two decided to no longer pay rent.  If I apply with an N4 followed by an L1 and I do get that tenant out, is the other tenant allowed to stay there and pay half the rent + utilities and only?  Meaning I would be stuck soaking the other half of the rent indefinitely until that person decided to move out?

Anyone come across this before or have any advice for me?

Thanks!

Kev

[Roy N.]

Originally posted by @Account Closed:

My concern/question is "Am I stuck with soaking half the rent indefinitely?"

I have a rental property in Cornwall, Ontario and I bought a triplex that has two tenants on the lease.  They are (or were) friends and now are having a falling out.  One of the two decided to no longer pay rent.  If I apply with an N4 followed by an L1 and I do get that tenant out, is the other tenant allowed to stay there and pay half the rent + utilities and only?  Meaning I would be stuck soaking the other half of the rent indefinitely until that person decided to move out?

Anyone come across this before or have any advice for me?

Thanks!

Kev

 Kevin:

We'll see if we can get @Thomas S. here to provide guidance on navigating Ontario's LTB to save you time, money and some degree of frustration.

However, the general rule of one lease, one payment applies here.  If you have two signatories to the lease, they are jointly and severally responsible for the obligations of the lease.  If they are having an internal squabble that is their issue; the rent is still due in-full, on-time, no exceptions.   If the rent obligation is not met, you will need to take action against both (one lease).    

I would not try to go down the road of policing their internal squabble.  If one tenant would like to assume the entire lease and release the other, they may apply to so do (and be screened appropriately).  However, accept no application and make no commitments while there is rent outstanding.