Estey v Fenwick

Landlord wins · Toronto · 2025-12-08

Adjudicator

Trish Carson

Dispute

Bad Faith Eviction, Non-payment of Rent

Notice

Notice of Rent Increase (N2), Tenant's Notice to Terminate the Tenancy (N9)

Amount

<$5K

Landlord

K.E.

Tenant

E.F., A.V.

Landlord rep

Eric Steiman

Tenant rep

Allistair Trent

What happened

The Landlord applied for rent arrears after the Former Tenants vacated. The Former Tenants raised Section 82 issues, alleging the Landlord attempted a bad-faith eviction and used a massive rent increase ($4,800 to $10,000) as a means to force them out so the Landlord's sister could move in. The rental unit was confirmed to be exempt from rent control rules.

The ruling

The Former Tenants are ordered to pay the Landlord $4,986.00 for June 2024 rent arrears and the application fee. The Tenants' counter-claims for bad faith and substantial interference were dismissed, as the Landlord followed the legal procedure for rent increases in an exempt unit, and the Tenants' decision to vacate was via their own N9 notice.