Sousa v Badour

Tenant wins · Kingston · 2025-08-06

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.B., A.F.

Tenant

C.S.

Landlord rep

James Moak, Shirallee Palmer (Agent), Betul Eryilmaz (Realtor Representative)

What happened

The Tenant filed a T5 application alleging that a notice of termination for personal use was given in bad faith. The rental unit was sold, and the Tenant moved out after being served an N12 notice on behalf of the Purchaser. Within months, the unit was listed for rent at a significantly higher price. The application was amended to remove the Vendor and focus on the Purchaser. The Purchaser failed to attend the de novo hearing following a review request.

The ruling

The Board found the Purchaser liable for a bad faith eviction. The Purchaser was ordered to pay the Tenant $15,005.00, which includes $8,952.00 for rent differential, $1,000.00 for moving expenses, $5,000.00 in general compensation, and the $53.00 filing fee. Additionally, the Purchaser must pay a $5,000.00 administrative fine to the Landlord and Tenant Board for the severe nature of the breach and its impact on the Tenant.