Pushparajan v Wiredu-Asante

Tenant wins · Mississauga · 2023-10-04

Adjudicator

E. Patrick Shea

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

A.W., P.W.

Tenant

L.P., P.S., K.P., U.N.

What happened

Tenants applied for an order determining that the Landlords gave an N12 notice in bad faith. The Landlords served the Tenants with an N12 notice indicating they intended to occupy the unit, but the Tenants vacated and the Landlords did not occupy the unit. Instead, the Landlords sold the unit shortly after the Tenants vacated.

The ruling

The Landlords are ordered to pay the Tenants $1,429.63, which includes $1,304.04 for increased rent the Tenants incurred for one year and $72.59 for reasonable moving expenses. The Landlords failed to rebut the presumption that the N12 notice was delivered in bad faith.