LTB Order Details for Jesus Alejandro Albores

Landlord Nash Realty Development Corp. applied to evict tenant Jesus Alejandro Albores for non-payment of rent at the main floor of 52 Kerrison Dr W, Ajax.

The Board found lawful monthly rent to be $2,000.00, due on the 1st of each month, based on e-transfer evidence; tenant's claim of $750.00 was unsupported.

Rent arrears to March 31, 2026 totalled $34,000.00; tenant's net monthly income of ~$1,500.00 was below the monthly rent, making a payment plan unviable.

Tenancy terminated unless tenant pays $40,202.15 by June 30, 2026 or $42,202.15 by July 3, 2026 to void the order.

If not voided, tenant must vacate by July 3, 2026 and pay $32,596.65 plus $65.75/day compensation from March 7, 2026.

Preliminary Issue #1: N4 name error (missing surname 'Albores') did not significantly prejudice the tenant's participation; application amended under s.200(1) to correct the name; dismissal denied.

Preliminary Issue #2: Nash Realty Development Corp. is the deemed landlord as mortgagee in possession effective April 22, 2025, pursuant to s.47(1) of the Mortgages Act; tenant was obligated to pay rent to them from that date.

Lawful monthly rent is $2,000.00; tenant's $750.00 claim was unsupported and the new $6,100.00 lease with AK was invalid as AK ceased to be landlord on April 22, 2025.

Tenant failed to discharge evidentiary burden of proving payments were made to Nash Realty; landlord's evidence of non-payment was credible per Muati v. Gibbs, 2019 ONSC 3355.

Relief from eviction denied under s.83; tenant's income (~$1,500/month) is insufficient to pay rent and arrears, and continued tenancy is not viable given the high arrears.

Tenancy terminated subject to tenant voiding the order by paying arrears and costs in full.

Tenant may void by paying $40,202.15 on or before June 30, 2026, or $42,202.15 on or before July 3, 2026.

If not voided, tenant must pay $32,596.65 and vacate by July 3, 2026, with daily compensation of $65.75 accruing from March 7, 2026.

Interest at 4.00% annually applies on outstanding balance from July 4, 2026 if not paid in full.

Sheriff may enforce eviction from July 4, 2026; eviction order expires January 4, 2027 if not filed with Sheriff.