Feb 6, 2019

Assignments and Joint Tenancies

TST-09727-10 (Re), 2010 CanLII 79600 (ON LTB)

Four Tenants signed a one year fixed term lease starting on June 1, 2010. The four Tenants had a fifth person living with them as a roommate. Tenant DC (one of the four Tenants) wanted to assign her lease to this fifth person. The Landlord refused to consent to the assignment.

Tenant DC (along with Tenant AT, two of the four Tenants) applied to the LTB arguing that the Landlord unreasonably withed consent to assignment.

The Board held as follows: when Tenant DC signed a lease with the three other Tenants, she became a joint tenant. A joint tenancy, under law, is one tenancy; in this case, there is only one tenancy in which the four Tenants are jointly and severally liable for the obligations under the lease. Tenant DC's request to assign would have to be made on behalf of all four Tenants; unfortunately for Tenant DC, the other three Tenants wanted to stay.

Lesson: Joint tenancy = one tenancy. One tenancy = all tenants need to be on the same page when it comes to assignment.