Rodrigues v Balgobin

Landlord wins · Brampton · 2025-08-19

Adjudicator

Amanda Kovats

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

S.B., C.B.

Tenant

P.S.R.

Landlord rep

Rizna Rishafy

What happened

Tenant applied for an order determining that the Landlords issued a notice of termination (N12) in bad faith. The Tenant alleged she vacated the unit because of the notice, while the Landlords contended that the vacancy was the result of a separate settlement agreement that addressed rent arrears and maintenance issues. The adjudicator focused on whether the Tenant's departure was actually caused by the N12 notice.

The ruling

The Tenant's application for a determination of bad faith eviction was dismissed. The adjudicator ruled that the Tenant failed to prove that the N12 notice was the reason she vacated the unit, noting that her testimony was unclear and that she had previously entered into a settlement agreement to leave the unit for various other reasons, including rent waivers and maintenance concerns.