FANG v Lin

Tenant wins · Burlington · 2025-09-11

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

L.L.

Tenant

Z.D.F.

What happened

The Tenant applied for an order determining that the Landlord served an N12 notice (termination for personal use) in bad faith. The Tenant alleged that despite the notice claiming the Landlord required the unit for residential occupation, the unit was advertised for rent online shortly after the first notice was served, and the Landlord failed to occupy the unit after the Tenant vacated under a Board order.

The ruling

The Landlord was found to have issued an N12 notice in bad faith. The Landlord is ordered to pay the Tenant a total of $5,001.70 by September 30, 2025. This includes $2,400.00 for the rent differential, $553.70 for moving expenses, $2,000.00 in general compensation, and the $48.00 application fee. No administrative fine was ordered as the remedies were deemed sufficient deterrence.