Melo v. 2297248 Ontario Ltd.

Landlord wins · Toronto · 2016-09-12

Adjudicator

Carole J. Brown

Dispute

Mortgage Default, Tenancy Agreement Validity

Notice

Notice of Sale under Charge, Notice of Attornment of Rents

Landlord

2297248 Ontario Ltd., E.R.

Tenant

M.R.S., K.M.S.

Landlord rep

Balpreet S. Lailna

What happened

The mortgagee (Melo) sought to set aside a tenancy agreement entered into by the mortgagor (2297248 Ontario Ltd.) after defaulting on the mortgage. The tenants (Sloopka and Seah) argued that the mortgagee had become their landlord by accepting rent payment, and thus the Residential Tenancies Act should apply.

The ruling

The court set aside the tenancy agreement and issued a writ of possession to the mortgagee. The tenants were ordered to vacate the property within 45 days of the writ being issued. The mortgagor was ordered to reimburse the tenants for any monies owing, including the last month's rent deposit if applicable.