Evictly

Esguerra v Noton

Tenant wins · Burlington · 2025-03-31

Adjudicator
Dale Whitmore
Dispute
Bad Faith Eviction
Notice
Personal use (N12), Bad faith eviction (T5)
Amount
>$20K
Landlord
J.N.
Tenant
R.E., C.E.
Tenant rep
Elena Grigorieva

What happened

Tenants applied for an order determining the Landlord gave a notice of termination (N12) in bad faith. The Tenants vacated the unit based on the N12, which stated the Landlord's son required the unit. However, the son never moved in; instead, the Landlord renovated the unit and re-listed it for a significantly higher rent. The Landlord's explanation for the change of plansβ€”a fight with his sonβ€”was found not credible by the Board.

The ruling

The Board found that the Landlord issued an N12 notice in bad faith. The Landlord failed to prove a genuine intention for his son to occupy the unit, as his testimony was deemed not credible and he subsequently re-rented the unit at a higher price. The Landlord is ordered to pay the Tenants a total of $22,770.59, which includes a one-year rent differential ($6,540.00), moving expenses ($252.59), general compensation equivalent to six months' rent ($15,930.00), and the application filing fee ($48.00).