King v Vishwanathan

Landlord wins · Kitchener · 2025-11-21

Adjudicator

Mark Melchers

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

B.V., S.S.

Tenant

J.K., N.V.

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. Tenant 2 testified that Landlord 1 stated the unit was needed for personal use, which led the Tenants to vacate. Shortly after vacating, Tenant 2 found the unit listed on Facebook Marketplace for $400 more per month. Landlord 1 denied issuing any notice, claiming the Tenants moved out voluntarily to accommodate visiting family from Newfoundland. The Board found that the Tenants failed to provide a copy of the alleged written notice or any documentary evidence to support their claim.

The ruling

The Tenants' application for an order determining bad faith eviction was dismissed. The Tenants were unable to provide a copy of the N12 notice or any other documentary evidence to prove that the Landlords forced the termination of the tenancy for personal use. Consequently, the legal requirements for a bad faith determination under the Residential Tenancies Act were not met.