Elutha v Singh
Tenant wins · North York · 2021-11-01
- Adjudicator
- Laura Hartslief
- Dispute
- Bad Faith Eviction
- Notice
- Purchaser's own use (N12), Landlord's child's own use (N12)
- Amount
- $10-20K
- Landlord
- D.S.
- Tenant
- L.E.
- Landlord rep
- Annie Rupchand
- Tenant rep
- Hanson Sone
What happened
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served three separate notices of termination on the Tenant, the first two for 'purchaser's own use' and the third for 'Landlord's child's own use'. The Tenant moved out pursuant to these notices, but the Landlord's son did not move into the rental unit as claimed. Instead, the property was re-rented to another family shortly after the Tenant vacated.
The ruling
The Tenant's application is granted. The Landlord served the notices of termination in bad faith, as the Landlord's son did not move into the rental unit as claimed. The Landlord is ordered to pay the Tenant $11,153, which includes an administrative fine of $3,000, $10,200 for rent differential, and $900 for moving expenses.