Salinas Valdivieso and Vidal Mohr v Farrah

Tenant wins · Kanata · 2021-02-15

Adjudicator

Camille Tancioco

Dispute

Bad Faith Eviction, Illegal Retention Of Deposit

Notice

Personal use (N12)

Amount

<$5K

Landlord

F.F.

Tenant

M.F.S.V., J.C.V.M.

What happened

Tenants applied for an order determining that the Landlord collected or retained money illegally and that the Landlord gave the Tenants a notice to end the tenancy in bad faith. The Landlord served the Tenants with an N12 notice to terminate the tenancy for the Landlord's own use, and the Tenants vacated the unit. However, the unit was listed for rent shortly after the Tenants vacated.

The ruling

The Landlord served the N12 notice in bad faith, as the rental unit was listed for rent shortly after the Tenants vacated. The Landlord failed to provide sufficient evidence to justify the early termination of the tenancy. The Tenants are entitled to the return of the unused portion of the last month's rent deposit, interest on the deposit, and compensation for the Landlord's bad faith termination of the tenancy.