Zimmerman v Aguirre

Landlord wins · Sudbury · 2025-06-11

Adjudicator

Madeline Ntoukas

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Bad faith eviction (T5)

Landlord

S.A., E.M.

Tenant

C.Z., C.L.

What happened

The Tenants filed an application alleging the Landlords issued a notice for personal use in bad faith. The Tenants vacated on September 30, 2023, after receiving a verbal notice. They filed the application after a conversation in June 2024 with a person at the unit they believed was a new tenant, but who was actually the Landlords' son.

The ruling

The Tenants' application, which alleged the Landlords acted in bad faith by issuing a notice for personal use, is dismissed. The Board found the Landlords' evidence, including driver's licenses and property sale documents, to be credible and sufficient to prove they and their family moved into the rental unit within a reasonable time after the Tenants vacated. The Tenants' evidence was deemed insufficient to support their claim.