LTB Order LTB-L-067771-25 | Nash Realty Development Corp. v. Jesus Alejandro Albores | Ajax, ON

Tenancy terminated unless tenant voids the order by paying full arrears and costs by July 3, 2026.
Tenant must pay $40,202.15 by June 30, 2026 or $42,202.15 by July 3, 2026 to void the order and continue the tenancy.
If order is not voided, tenant owes $32,596.65 plus $65.75/day from March 7, 2026 until vacating.
Interest at 4.00% per annum applies from July 4, 2026 on any outstanding balance.
Sheriff may enforce eviction from July 4, 2026; eviction portion of order expires January 4, 2027 if not filed with Sheriff by that date.

Tenant argued the N4 notice was defective because his surname 'Albores' was omitted; the Board found no significant prejudice and amended the application under s.200(1).
Tenant's witness claimed the original landlord (AK) remained the landlord; Board found Nash Realty became deemed landlord via Notice of Attornment dated April 22, 2025.
Tenant claimed monthly rent was $750.00 and that he collected rent from other residents; Board found $2,000.00 to be the lawful rent based on credible payment evidence.
Tenant claimed rent was paid to former landlord AK up to December 2025, but provided no documentary evidence to support this claim.

N4 notice substantially complied with the Act under s.212; tenant name error did not prejudice the tenant's participation; application amended to reflect full legal name.
Nash Realty Development Corp. is the lawful landlord as mortgagee in possession effective April 22, 2025 per s.47(1) of the Mortgages Act; former landlord ceased to be landlord under s.47(2).
Lawful monthly rent is $2,000.00/month, due on the 1st of each month; daily compensation rate is $65.75.
Tenant failed to discharge evidentiary burden of proving payments were made to Nash Realty per Muati v. Gibbs, 2019 ONSC 3355.
Relief from eviction under s.83(1) denied; tenant's income below rent amount renders a payment plan unfair to the landlord given the high arrears.

Landlord Nash Realty Development Corp. is the mortgagee in possession as of April 22, 2025, deemed landlord under s.47(1) of the Mortgages Act after the former landlord defaulted on the mortgage.
Lawful monthly rent determined to be $2,000.00 based on e-transfer payment evidence; tenant's claim of $750.00 personal share was unsupported.
Rent arrears to March 31, 2026 total $34,000.00; tenant's net monthly income of ~$1,500.00 is below monthly rent, making a payment plan unviable.
Tenant may void the eviction order by paying $40,202.15 on or before June 30, 2026, or $42,202.15 on or before July 3, 2026.
If tenancy is terminated, tenant owes $32,596.65 plus $65.75/day compensation from March 7, 2026 until vacating.