Albuquerque v Ganesamoorthy
Tenant wins · Whitby · 2025-09-03
- Adjudicator
- Carrie Bertrand
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- G.G., A.S.S.
- Tenant
- M.A.C.D.A., M.M.
- Landlord rep
- Berkan Altun
- Tenant rep
- Guiseppe Rizzuto
What happened
The Tenants filed a T5 application alleging the Landlords gave a notice of termination in bad faith. Although a formal N12 was not served, text communications between January and April 2024 indicated the Landlords required the unit for personal use. The Tenants vacated on April 6, 2024. Evidence revealed the Landlords had offered to let the Tenants stay if they paid a higher rent and subsequently advertised the unit for rent in May 2024, shortly after the Tenants moved out.
The ruling
The LTB found that the Landlords acted in bad faith by issuing a notice of termination for personal use while actually seeking a rent increase. The Landlords were ordered to pay the Tenants a total of $10,524.00, which includes one month's rent compensation ($2,490.00), a one-year rent differential ($7,740.00), moving expenses ($246.00), and the application filing fee ($48.00).