Davis v Nwakocha

Tenant wins · Brampton · 2024-09-09

Adjudicator

Alexandre Traboulsi

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

E.N.

Tenant

G.D., E.D.

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 Notice of Termination, with a termination date of February 18, 2023. The Tenant moved out of the rental unit on February 15, 2023, as a result of being served the N12 Notice. The Landlord advertised the rental unit for rent within one year of the Tenant moving out.

The ruling

The Landlord must pay the Tenant $4,300 in general compensation and $53 for the cost of filing the application, as the Landlord served the N12 Notice in bad faith. The Landlord failed to rebut the presumption of bad faith, as the rental unit was advertised for rent within a year of the Tenant vacating.