Henderson v Hovakimyan

Landlord wins · St. Catharines · 2025-07-10

Adjudicator

Jane Dean

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

I.H., H.B.

Tenant

F.H.

Landlord rep

Giuseppe Rizzuto

What happened

The Tenant filed a T5 application alleging the Landlords issued a bad faith N12 notice. The Tenant received an N12 for personal use in January 2024, but subsequently signed an N11 agreement to terminate the tenancy along with Minutes of Settlement and a Mutual Release in March 2024. The Tenant received $3,372.50 in compensation and an extended move-out date to accommodate her children's school year. The Landlords sold the property several months after the vacancy. The Tenant argued they were misled into moving out. The Landlords contended that the N11 agreement superseded the N12 notice.

The ruling

The Tenant's application was dismissed. The Board found that the tenancy ended via a mutual agreement (N11) rather than the N12 notice of termination. Consequently, the Landlords' failure to occupy the unit did not constitute bad faith under section 57 of the Act because the termination was based on a contractually agreed settlement where the Tenant had legal representation.