Smith v Islam

Tenant wins · Oshawa · 2024-01-23

Adjudicator

Paul Sommerville

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

S.I.

Tenant

C.S., E.E.

Landlord rep

Kibria Mohammad

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 claiming he required the rental unit for personal use, but the Tenants were able to demonstrate that a new tenant occupied the unit within 3-4 months of their departure.

The ruling

The Landlord must pay the Tenants $8,863.00, which includes $6,810.00 for rent differential, $2,000.00 in general damages, and $53.00 in application costs. The Landlord's N12 notice was issued in bad faith.