Lopez v Thomas

Landlord wins · Leamington · 2025-06-23

Adjudicator

Kyle McGraw

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Landlord

J.T., A.H.

Tenant

I.L., C.C.

Landlord rep

Cameron Parrott

Tenant rep

Marv Fiebig

What happened

The Tenants filed an application (T5) alleging that the Landlords issued a notice for personal use (N12) in bad faith. The Landlords had intended for a parent to occupy the unit. However, after the Tenants vacated, the unit was re-rented. The Landlords argued that a genuine and unforeseen change in the parent's circumstances negated the need for the move, thus rebutting the presumption of bad faith. The Tenants also alleged the N12 was motivated by a desire for higher rent and racial discrimination.

The ruling

The Tenants' application alleging a bad faith eviction is dismissed. The Board found the Landlords successfully rebutted the presumption of bad faith. The Landlords proved they had a genuine intent for a parent to occupy the unit when the N12 notice was served, and that a legitimate, unforeseen change in the parent's circumstances occurred after the Tenants had already moved out, making the move unnecessary. Therefore, no remedy is available to the Tenants.