Stewart v Ahmer

Landlord wins · Oakville · 2022-03-07

Adjudicator

Dana Wren

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

S.A.

Tenant

C.S., P.S.

Landlord rep

Furaz Alvi

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith (T5 application). The Landlord served the Tenants with an N12 notice, stating she personally required the rental unit. The Tenants vacated the unit, but the Landlord later listed the property for rent, leading the Tenants to allege bad faith.

The ruling

The Tenants' application is dismissed. The Landlord did not serve the N12 notice in bad faith, as she had intended to move into the unit at the time but was prevented from doing so due to her husband's medical emergency.