Shahinyan v Lupo

Tenant wins · Toronto · 2025-08-22

Adjudicator

Kyle McGraw

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Amount

$10-20K

Landlord

G.L., E.L.

Tenant

S.S., M.S.

Landlord rep

Jimmy Gangadin

Tenant rep

Marina Bulat

What happened

Tenants applied for an order determining that the Landlords served an N12 notice for personal use in bad faith. The Landlords claimed the unit was needed for a spouse's parents moving from Ukraine. However, after the Tenants vacated, the Landlords listed the unit for rent at a significantly higher price ($800 more per month) only two weeks later, claiming the parents were delayed. The LTB found the Landlords acted prematurely and failed to rebut the presumption of bad faith.

The ruling

The Landlords are ordered to pay the Tenants a total of $15,949.81. This includes $1,205.81 for moving and storage expenses, $14,696.00 in general compensation for the bad faith eviction, and the $48.00 application filing fee. The amount must be paid by September 2, 2025, after which interest will accrue.