HABHAB v LIU

Tenant wins · Scarborough · 2024-02-05

Adjudicator

Vinuri Sivalingam

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

B.L.

Tenant

M.H.

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 Notice of Termination stating the Landlord and his family will be moving in, and the Tenant moved out. However, the rental unit was listed for sale shortly after the Tenant vacated, and no person specified by section 48 of the Act occupied the rental unit within a reasonable period of time.

The ruling

The Landlord must pay the Tenant a total of $7,953.00, which includes $6,900.00 for reasonable moving, storage and other expenses, $1,000.00 for general compensation, and $53.00 for the cost of filing the application. The Landlord failed to rebut the presumption that the N12 notice was served in bad faith.