Landlord's N12 Notice Dismissed: Bawa v Veraldi Case Study
Landlord ordered to pay tenants $1850 for interference and illegal deposit
Summarized by RentZenLast updated: July 22, 2024
Case Summary
2221 Chevron Prince Path, Oshawa, ON L1L0L1
Decision in favor of
tenant
Balance Owed to Landlord
$1,850
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jan 2022
Order Date
Feb 25, 2022
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord has entered into an agreement of purchase and sale of the rental unit and the purchaser requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
Determinations
- Doubts about genuineness of Landlord's claim
- Landlord paid $1,850 compensation to Tenant
- Landlord served valid N12 Notice
- Landlord's application dismissed
- Landlord's evidence did not demonstrate good faith
Case Study
The Board found that the Landlord did not provide sufficient evidence to demonstrate that the notice of termination was given in good faith. The Landlord's conduct and the lack of an amended Agreement of Purchase and Sale raised doubts about the genuineness of the Landlord's claim that the purchaser requires possession of the unit for residential occupation. As a result, the Board dismissed the Landlord's application.
Arguments and Actions
Tenant
Actions
Tenant testified that the notice of termination was given in bad faith because her relationship with the Landlord deteriorated over non-payment of rent and the denial of the Landlord's request to terminate the tenancy following a hearing.
Decision Summary
The Landlord's application is dismissed. The Tenant shall reimburse the Landlord $1,850.00 for the compensation paid by the Landlord. If the Tenant does not pay the Landlord the full amount owing on or before March 25, 2022, the Tenant will start to owe interest at 2% annually on the balance outstanding.
Adjudicator Details
LTB Member
Total Orders
1569
Landlord Favorable
94.0%
Tenant Favorable
3.9%
Mutual Agreement
2.2%
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Financial Details
Lawful Rent
$1,850
Other Owed Amount
$1,850
Compensation paid by Landlord to Tenant
Total Owing
$1,850 (Owed to Landlord)
Source
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