Evictly

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.