Rosenberg v Yao
Tenant wins · Markham · 2025-07-15
- Adjudicator
- Elena Jacob
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- L.Y., D.S.
- Tenant
- B.R., S.R.
- Landlord rep
- Yan Qi
- Tenant rep
- Eleni Papastathakis
What happened
The Tenants filed a T5 application alleging the Landlords served an N12 notice in bad faith. The Landlords claimed their daughter would occupy the unit, but the Tenants provided evidence (hydro usage, garbage collection, and snow removal) suggesting the unit remained vacant after they moved out. The Board found the Landlords acted in bad faith and had harassed the Tenants for a move-out date.
The ruling
The Board ordered the Landlords to pay the Tenants a total of $23,273.00. This includes compensation for the rent differential in their new home ($13,932.00), a lump sum rent abatement ($2,000.00) for loss of enjoyment and harassment, moving expenses ($2,293.00), general compensation ($5,000.00), and the application filing fee. The Board found the Landlords' claim that their daughter occupied the unit was not supported by the evidence of utility usage and property maintenance.