Evictly

Nayel v Shen

Tenant wins · Oakville · 2025-06-10

Adjudicator
Nicole Pedron
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
>$20K
Landlord
Z.S.
Tenant
H.N.
Landlord rep
Wendy Hu
Tenant rep
Joseph Behar

What happened

The Tenant filed an application asserting that the Landlord issued a notice of termination in bad faith. The notice, sent via email by the Landlord's sister, claimed the unit was needed for the Landlord's brother. The Tenant vacated as a result. Subsequently, the Landlord's brother did not move in, and the property was sold. The Landlord's representative argued the email was not a valid N12 notice. The Board found the email was a notice in substance and that the Landlord acted in bad faith.

The ruling

The Landlord is ordered to pay the Tenant a total of $20,448.00. This amount consists of $20,400.00, representing the increased rent the Tenant incurred for one year following a bad faith eviction, and the $48.00 application fee. The Board determined that an email from the Landlord's agent constituted a valid termination notice in substance. The subsequent sale of the property triggered a presumption of bad faith, which the Landlord failed to rebut.