Kassay v Fox

Landlord wins · Dunnville · 2024-09-23

Adjudicator

Melissa Anjema

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

K.F., S.F.

Tenant

A.K., O.K.

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice to terminate the tenancy for personal use. The Tenants vacated the rental unit as a result of the N12 notice, but alleged the Landlords did not move into the unit within a reasonable time after the Tenants vacated.

The ruling

The Tenants' application is dismissed. The Tenants did not prove the N12 notice was served in bad faith or that the Landlords did not move into the rental unit within a reasonable time after the Tenants vacated.