Nicolas v Bellavia

Tenant wins · Ancaster · 2024-10-18

Adjudicator

Dana Wren

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

C.B., R.B., P.B.

Tenant

H.N., A.M.

Landlord rep

Edwin Alexander

Tenant rep

Angela Smith

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice to terminate the tenancy for the Landlord's own use, but the Tenants allege the Landlords did not genuinely intend to move into the rental unit.

The ruling

The Landlords served an N12 notice to terminate the tenancy for their own use, but the Tenants proved on a balance of probabilities that the notice was given in bad faith as the Landlords did not genuinely intend to move into the rental unit. The Tenants are awarded $7,029.64 for increased rent, moving and storage expenses, and general compensation. The Landlords are also ordered to pay a $5,000 administrative fine.