Ozsoy v Zhang

Tenant wins · Toronto · 2024-08-01

Adjudicator

Christina Philp

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

Q.Z.

Tenant

D.O.

Tenant rep

Candace Pilieci

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the Landlord's own use, but the Tenant alleged the Landlord did not move into the unit and instead re-rented it at a higher rate.

The ruling

The Tenant proved the Landlord served the N12 notice in bad faith, as the Landlord did not move into the unit and instead re-rented it at a higher rate. The Landlord must pay the Tenant $8,111.96, including $7,263.96 for increased rent and $800 for moving expenses, and a $5,000 administrative fine.