Zhang v Cerundolo
Landlord wins · Richmond Hill · 2023-08-16
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12), Wilful and/or negligent damage (N5)
- Landlord
- L.C.
- Tenant
- H.Z., Y.S.
- Landlord rep
- Raiessa Mahabir
- Tenant rep
- Yun Tao Li
What happened
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice on March 1, 2021 with a termination date of July 16, 2021, alleging that the Landlord's child required the rental unit for personal use. The Tenants did not vacate by the termination date, and the Landlord did not file an L2 application to terminate the tenancy. The Tenants vacated on October 4, 2021, and the rental unit has been vacant since then.
The ruling
The Tenant's application is dismissed. The Tenants did not prove the Landlord served the N12 notice in bad faith or that they vacated the rental unit pursuant to that notice.