STORIE v CLARK

Tenant wins · Washago · 2024-05-10

Adjudicator

Emily Robb

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

C.C., M.C., K.H.

Tenant

T.S.

Landlord rep

T. Taylor

What happened

Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for the purchaser's own use. The Tenant vacated the rental unit as a result of the N12 notice, but the rental unit was later listed for rent, creating a rebuttable presumption of bad faith.

The ruling

The Tenant proved the allegations in the application on a balance of probabilities. The Landlord failed to rebut the presumption of bad faith in serving the N12 notice. The Landlord is ordered to pay the Tenant $5,640.59, which includes $587.59 for moving and storage expenses and $5,000 in general compensation.