WILLISTON v YIN

Landlord wins · Mississauga · 2025-07-14

Adjudicator

Elena Jacob

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

B.Y., Y.D.

Tenant

K.W.

Tenant rep

R. Maria Shepherd

What happened

The Tenant filed a T5 application alleging the Landlords served an N12 notice of termination in bad faith. The rental unit suffered a major flood and subsequent mold issues. The Landlord served an N12 notice for personal use shortly after the Tenant demanded repairs. The primary issue was whether the Tenant vacated the unit because of the N12 notice or due to the uninhabitable state of the property caused by disrepair.

The ruling

The Tenant's application for an order determining bad faith was dismissed. Although an N12 notice was served, the Tenant failed to prove that she vacated the unit because of the notice. Evidence showed she vacated due to the severe disrepair and mold in the unit.