Folland v Flaherty
Tenant wins · Hamilton · 2024-10-18
- Adjudicator
- Ender Joseph
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- P.F., P.D.
- Tenant
- S.F.
- Landlord rep
- Kevin Lundy
- Tenant rep
- Giuseppe Rizzuto
What happened
Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for their own use, but the Tenant alleged the Landlords did not move into the unit within a reasonable time after the Tenant vacated.
The ruling
The Tenant proved the Landlords served the N12 notice in bad faith, as the Landlords did not move into the unit within a reasonable time after the Tenant vacated, and instead used the unit for Airbnb. The Landlords failed to rebut the presumption of bad faith. The Landlords must pay the Tenant $19,913 in general compensation and rent differential.