Learn what to do if you get a Notice of Attornment
Question & Answer
If my place is sold, will I have to move or pay more rent?You might get a document called a “Notice of Attornment of Rent” or a lawyer’s letter with a similar title. This can happen when the landlord doesn’t pay their mortgage. The bank or other mortgage lender takes over the property. The bank or lender is called a “mortgagee in possession” and they become your landlord.
This kind of will ask you to start paying your rent to the mortgagee instead of to your landlord. The notice should include the name and contact information of the mortgagee.
It’s a good idea ask the mortgagee or their lawyer to give you proof that they have legally taken over the property. This might include copies of cheques for your landlord’s mortgage payments, or legal documents showing that the property will be sold by the mortgagee. If they have proof, you should pay your rent to the mortgagee.
It’s not a good idea to pay them in cash. It’s best to pay them in a way that gives you a record of payment, like cheque or Interac e-transfer. And make sure the mortgagee or lawyer gives you receipts, as required by law.
It’s also a good idea to save the Notice of Attornment and any other documents or letters you get from the mortgagee or their lawyer.
Sometimes your landlord might tell you to ignore the notice and keep paying rent to them. But if you do pay the landlord, the mortgagee can try to you, and you might be forced to pay the same rent again to the mortgagee. If you are not sure who to pay, try to get legal advice.
