Nguyen v De Lang

Tenant wins · Toronto · 2025-12-23

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction, Personal Use, Renovation, Major Repairs

Notice

Personal use (N12)

Landlord

H.A.P.N.

Tenant

J.D.L.

Landlord rep

Nora Marku

Tenant rep

Kathleen Lovett, Bill Burd

What happened

The Landlord applied for eviction based on an N11 agreement to terminate the tenancy. An initial order was issued without a hearing. The Tenant filed a motion to set aside the order, claiming the agreement was obtained in bad faith. The Tenant alleged that she signed the N11 after being served with an N12 for personal use and being threatened with eviction for an 'illegal business' by the Landlord's former paralegal. However, the Tenant later discovered the Landlord had filed a planning application to convert the property from a duplex to a four-plex, which changed the legal context of the termination. The Landlord admitted the intention to expand the property but claimed the plan changed after the agreement was signed.

The ruling

The LTB granted the Tenant's motion to set aside the previous eviction order. The original order issued on July 28, 2025, which terminated the tenancy based on an N11 agreement, is set aside and cannot be enforced. The Adjudicator found that the Landlord withheld material information regarding property redevelopment plans, which invalidated the termination agreement.