Graff v Helou

Landlord wins · Windsor · 2025-08-22

Adjudicator

Rema El-Tawil

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

S.H., M.H.

Tenant

M.G.

Landlord rep

K. Passell

What happened

The Tenant applied for an order determining that the Landlords gave a notice of termination (N12) in bad faith. The Tenant alleged that the rental unit was unsuitable for the Landlord's son due to ceiling height restrictions and argued that the son never actually occupied the unit. The Landlord countered that the son, a first responder, required the unit for a quiet living space away from a busy family home and provided evidence of his occupation and subsequent move to a purchased property.

The ruling

The Tenant's application for bad faith eviction was dismissed. The Adjudicator found that the Tenant failed to establish that the Landlord's son did not move into the unit or that the N12 notice was served in bad faith. The Landlord successfully demonstrated a genuine need for the son to occupy the unit and confirmed his occupation until he purchased his own home.