Landlord Prevails in Bad Faith Eviction Claim: Khalid Abu Hamid v Conchita Dmello
Landlord proves N12 notice not served in bad faith, Mississauga tenant's claim dismissed
Summarized by RentZenLast updated: July 22, 2024
Case Summary
1091 Sawgrass Crescent, Mississauga, ON L5C3V2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2018
Application Date
Oct 2019
Hearing Date
Feb 2022
Order Date
Feb 28, 2022
Dispute Summary
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord had served the Tenant with an N12 notice to end the tenancy for personal use, and the Board ordered the tenancy terminated as of September 30, 2018. The Tenant vacated the unit on November 1, 2018.
Determinations
- Board ordered tenancy terminated as of September 30, 2018
- Landlord moved into unit in January 2019 and resided there for 1 year
- Landlord served valid N12 Notice
- Tenant vacated unit on November 1, 2018
Case Study
The Tenant's T5 application was filed within the one-year limitation period as required by the Residential Tenancies Act. However, the Landlord established that she moved into the rental unit within a reasonable time after the Tenant vacated, satisfying the requirements under section 57(1)(a) of the Act. Therefore, the Tenant's application was dismissed.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenant's tenancy ended on September 30, 2018 per the Board's order, and the Tenant's T5 application was filed more than one year after he vacated the unit.
Actions
Landlord moved into the rental unit in January 2019 and resided there for 1 year.
Tenant
Arguments
Tenant argued that he remained a tenant from October 1, 2018 to November 1, 2018, and therefore filed the T5 application within the one-year limitation period.
Actions
Tenant vacated the rental unit on November 1, 2018.
Decision Summary
The Tenant's application was dismissed. The Landlord did not give the N12 notice in bad faith, as she moved into the rental unit within a reasonable time after the Tenant vacated.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
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