Swan v Hedayati

Tenant wins · Newmarket · 2023-09-08

Adjudicator

Bryan Delorenzi

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.H.

Tenant

M.S.

Landlord rep

Ali Golabgir

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 notice of termination, stating the Landlord's spouse required the rental unit for personal use. However, the evidence showed the rental unit was listed on Airbnb for short-term rentals after the Tenant vacated, and the Landlord's spouse did not move into the unit.

The ruling

The Landlord served the N12 notice in bad faith, as the rental unit was used for short-term rentals instead of the Landlord's spouse moving in. The Tenant is entitled to $8,508 for increased rent, $2,999.30 for moving expenses, $1,000 in general compensation, and $53 for the application fee, for a total of $12,560.30 to be paid by the Landlord.