Brady v NZemba

Landlord wins · Brampton · 2025-08-29

Adjudicator

Elena Jacob

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.N.

Tenant

T.B.

What happened

The Tenant filed an application (T5) alleging that the Landlord gave a notice of termination (N12) in bad faith. During the hearing, it was established that the Tenant still resides in the rental unit and has not vacated. Under the Residential Tenancies Act, a bad faith claim requires the tenant to have moved out of the unit as a result of the notice. Consequently, the Board found it lacked jurisdiction to grant the application.

The ruling

The Tenant's application for an order determining that the Landlord gave a notice of termination in bad faith is dismissed. The Board ruled that a bad faith application cannot be processed if the tenant remains in possession of the rental unit.