Landlord Wins Massive Rent Arrears Case: Tarantino v Faria 2024
Toronto tenant faces eviction for $48094 in unpaid rent after failing to substantiate cash payment claims
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 442 Horner, Toronto, ON M8V2B3
Decision in favor of
landlord
Balance Owed to Landlord
$35,186
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Feb 2021
Hearing Date
Jan 2024
Order Date
Mar 11, 2024
Tenancy End Date
Mar 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant disputed the arrears amount and claimed some cash payments, but failed to provide substantiating evidence.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession at hearing date
- Lawful rent $1,318.00 due on 1st of month
- No payments made since application filed
- Tenant failed to prove cash payments
Arguments and Actions
Tenant
Arguments
Disputed amount of rent arrears
Actions
Tenant claimed cash payments without substantiating evidence, requested six months to vacate
Decision Summary
Tenancy terminated unless Tenant voids order by paying $50,916.00 by March 22, 2024. If not voided, Tenant must vacate and pay $35,186.00 to Landlord, plus daily compensation of $43.33 from January 16, 2024.
Reason for Eviction Relief
Significant arrears, no payments since December 2021
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$1,318
Rent Arrears
$48,094
Application Fee
$186
Rent Deposit
$1,318
Deposit Interest
$79
Total Owing
$35,186 (Owed to Landlord)
Source
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