Saegh v Mirza

Landlord wins · Mississauga · 2021-10-18

Adjudicator

Dawn Wickett

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

S.A.M.

Tenant

F.S., S.A.R.

Tenant rep

Kimberly Covey

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 Notice of Termination indicating he required possession of the rental unit for his personal occupation, but the Landlord did not move into the unit and instead re-rented it to new tenants.

The ruling

The Landlord's N12 notice was not given in bad faith. The Landlord had a genuine intention to occupy the unit when he served the notice, but his plans changed due to his wife's job loss during the COVID-19 pandemic. The Tenants' application is dismissed.