Brown v Khosravi
Tenant wins · Windsor · 2024-11-22
- Adjudicator
- Dawn Carr
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- H.K.
- Tenant
- T.B.
- Landlord rep
- Thomas Vanner
- Tenant rep
- Ximena Bailly
What happened
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord gave the Tenant a text message stating that the Landlord's family came to Canada and they would like to move and live in their house as soon as possible, which the Board found to be equivalent to an N12 notice. The Tenant vacated the rental unit, and the rental unit was listed for sale within a month, triggering the reverse onus provisions of section 57(5) of the Residential Tenancies Act, 2006. The Landlord did not provide sufficient evidence to prove that the N12 notice was given in good faith.
The ruling
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant $7,828.25, which includes $1,500 for unpaid mandatory compensation, $5,400 for increased rent the Tenant has incurred for one year, $126.25 for reasonable moving and utility transfer expenses, and $750 for general compensation.