Evictly

Fong v Pourjam

Tenant wins · Toronto · 2022-01-05

Adjudicator
Shahid Chaudhry
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
$5-10K
Landlord
D.P.
Tenant
E.K.F., S.K.L.
Landlord rep
Pouyan Pourjam

What happened

Tenants applied for an order determining that the Landlord gave an N12 notice of termination in bad faith. The Landlord served the Tenants with an N12 notice on December 19, 2018, stating that he required possession of the rental unit for his son. The Tenants vacated the unit on March 1, 2019, but the Landlord's son did not move into the unit within a reasonable time. The rental unit was listed for lease on May 22, 2019.

The ruling

The Tenants' application was granted. The Landlord is ordered to pay the Tenants $5,981.25, which includes the rent differential for 12 months, electricity charges, and moving expenses. The Landlord must pay the full amount by January 16, 2022, or interest will accrue.