Dembinski v Nguyen

Tenant wins · Stoney Creek · 2024-02-26

Adjudicator

Ken Audziss

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.N.

Tenant

M.D., E.S.

Landlord rep

Andrew Choubeta

What happened

Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened, or interfered with the Tenants. The Tenants allege the Landlord gave them an N12 notice in bad faith, as the Landlord never moved into the rental unit and instead advertised it for sale.

The ruling

The Landlord's N12 notice is presumed to be in bad faith under s.57(5) as the Landlord advertised the rental unit for sale within the prescribed period. The Landlord failed to rebut this presumption. The Tenants are awarded $13,080 for increased rent, $1,400.79 for moving expenses, $1,710 for compensation under s.48.1, $1,680 for return of last month's rent deposit, and $184.46 for interest on the deposit.