Justice Anil Singh
Tenant Stellweg sought to compel co-tenant Welch to pay his portion of past due rent, and one-half of the ongoing monthly rent for their loft during this partition action. She also sought to partition, or physically divide the unit. Stellweg alleged Welch physically and verbally assaulted her inside the unit, and a stay away order of protection was issued. As such, Welch claimed he was ousted from the premises, and stopped making payments for his share of the rent in November 2009. Welch was found guilty of harassment. Stellweg asserted the court should direct Welch to pay all of the rent arrears and one-half of the ongoing rent, as a matter of equity. The court agreed finding Welch, as a named tenant had an unambiguous legal obligation to pay rent. It stated, contrary to Welch’s claims, the protective order was entered as a direct result of his own wrongful conduct against Stellweg, and he was found guilty of harassment. Thus, it would be unjust to relieve Welch of his obligation to pay his share of the back rent, and one-half of the ongoing rent. Yet, the court ruled as the co-tenants were not owners of the unit, but mere renters, they did not have any legal right to partition or physically divide the space.
