Extend Financial Ltd. v Lenathen
Landlord wins · Brampton · 2025-05-28
- Adjudicator
- Joy Xiao
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- Extend Financial Ltd.
- Tenant
- R.L.
- Landlord rep
- Anisa Lancione, Lee Guarino
What happened
The new Landlord, a mortgagee in possession after the previous owner defaulted, applied to evict the Tenant for non-payment of rent. The Tenant had received a Notice of Attornment informing her of the change but, due to confusion, continued to pay the former landlord. The Board determined the Tenant was obligated to pay the new Landlord from the date of the notice. The total rent arrears exceeded the LTB's $35,000 monetary jurisdiction, and the Landlord agreed to waive the excess amount to proceed with the application.
The ruling
The tenancy is terminated unless the Tenant pays the full arrears of $40,186.00 by May 31, 2025, or $42,686.00 by June 8, 2025. If the order is not voided and the Tenant is evicted, the Tenant must pay the Landlord $35,186.00. This amount represents rent arrears capped at the LTB's $35,000 jurisdiction, plus the application fee, less the rent deposit and its interest. The eviction can be enforced by the Sheriff on or after June 9, 2025.