Worden v Lu
Tenant wins · Toronto · 2024-02-26
- Adjudicator
- Melissa Anjema
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- N.T.A.L.
- Tenant
- L.W.
- Landlord rep
- Stephen Wai
What happened
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for personal use, and the Tenant vacated the rental unit as a result. However, the Tenant alleged that the Landlord did not move into the unit and instead listed it for rent at a higher rate shortly after the Tenant vacated.
The ruling
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant a total of $12,048.00 which represents rent differential for one year and the Tenant's cost to file the application.