Bad Faith Eviction Claim Dismissed: Blakey v Mirbehresi 2024
Tenant's bad faith eviction claim dismissed after Landlord proves genuine need for personal use
Summarized by RentZenLast updated: November 14, 2024
Case Summary
56 Rosemount Drive, Toronto, ON M1K2W9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2021
Hearing Date
May 2024
Order Date
Sep 3, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith under an N12 notice for personal use.
Determinations
- N12 notice was served
- Tenant vacated on October 15, 2021
- Property listed for sale on April 18, 2022
- Landlord returned to Canada in September 2021
- Landlord moved into unit in December 2021
Case Study
The Tenant must prove on balance of probabilities that the Landlord served the N12 notice in bad faith.
Arguments and Actions
Landlord
Arguments
Returned to Canada, moved into unit, faced challenges with language and community
Actions
Purchased property in 2017, lived there for three months, waiting for immigration process
Tenant
Arguments
Landlord's difficulties in acclimating to Canada are irrelevant
Actions
Claimed Landlord intentionally renovated to sell for higher price
Decision Summary
The application is dismissed as the Tenant did not prove the Landlord served the N12 notice in bad faith.
Adjudicator Details
LTB Member
Total Orders
58
Landlord Favorable
77.6%
Tenant Favorable
12.1%
Mutual Agreement
10.3%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.