Naccarato v Cocuzzi

Split/Other wins · Toronto · 2025-08-01

Adjudicator

Eliza Lowes

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Notice of Rent Increase (N1)

Amount

<$5K

Landlord

C.N.

Tenant

S.C.

Tenant rep

Mark Bondy

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. The primary dispute concerned whether the lawful rent was $1,063.00 or $1,089.00 following an N1 rent increase notice. The Tenant also requested relief from eviction citing unforeseen health complications and financial hardship, requesting three months to clear the arrears.

The ruling

The LTB ordered the tenancy terminated effective August 31, 2025, unless the Tenant voids the order by paying $3,480.00 by that date. The Adjudicator granted relief to the Tenant by postponing the standard eviction timeline due to his health complications, allowing him three months from the hearing date to clear the arrears. A credit was noted for the Tenant as of the hearing date due to payments and deposit interest, but future rent obligations resulted in the final void amount.