Roslin v Darcy

Landlord wins · Toronto · 2021-11-25

Adjudicator

Steven Mastoras

Dispute

Bad Faith Eviction, Illegal Rent Collection

Notice

Notice of Termination (N12)

Amount

<$5K

Landlord

M.D.

Tenant

D.S., C.R.

Tenant rep

Darcy Purdy

What happened

Tenants applied for orders determining that the Landlord collected or retained money illegally and gave a Notice of Termination in bad faith. The Landlord served an N12 notice claiming he required possession of the rental unit for his own use, and the Tenants vacated the unit. The Tenants later discovered the unit was listed for rent, leading them to believe the Landlord acted in bad faith.

The ruling

The Tenants' application is dismissed. The Landlord rebutted the presumption of bad faith in serving the N12 notice, as he provided credible evidence that he genuinely intended to move into the unit for at least a year, but was forced to move out earlier due to COVID-19 related issues. The Landlord's decision to list the unit for rent after moving out was also found to be reasonable given his financial circumstances.