Raitt v Sprout
Landlord wins · Waterloo · 2024-10-03
- Adjudicator
- Kyle Anderson
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Landlord
- G.S., P.A.
- Tenant
- K.R., J.F., R.G., T.C.
What happened
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 Notice of Termination stating that the Landlord in good faith required possession of the rental unit for their child, for the purpose of residential occupation for a period of at least one year. The Tenants moved out of the rental unit on December 30, 2023, and the rental unit was advertised for rent in the same month.
The ruling
The Tenant's application is dismissed as they failed to establish that the Landlord gave the N12 notice in bad faith. The Landlord successfully rebutted the presumption of bad faith by providing credible evidence that their son moved into the rental unit on January 1, 2024 and still resides there.