Saad v Wang

Landlord wins · Oakville · 2024-09-04

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

D.W.

Tenant

Z.S., F.S.

Landlord rep

Jiangning Guo

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord gave the Tenants an N12 notice stating that the Landlord's parents would be occupying the rental unit. The Tenants vacated the unit as a result of the N12 notice, and the rental unit was later listed for rent, triggering the reverse onus clause under section 57(5) of the Residential Tenancies Act.

The ruling

The application is dismissed. The Tenants did not prove the allegations in the application on a balance of probabilities. The Landlord gave the N12 notice with a genuine good faith intention for his parents to occupy the rental unit and did not act in bad faith.