Tenant's Bad Faith Eviction Claim Dismissed: Bonofiglio v Khan 2024
Tenant's bad faith eviction claim dismissed due to lack of formal termination notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 28 Ted Rogers Way, Toronto, ON M4Y2J4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Subsections of RTA Quoted
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Timeline
Hearing Date
May 2024
Order Date
Jul 29, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith, alleging an improper verbal conversation about vacating the unit.
Determinations
- No formal N12 or N13 notice was given
- Verbal conversation does not constitute legal notice
- Landlord did not specify details about occupancy or renovations
Case Study
The Tenant failed to prove the allegations of bad faith termination on a balance of probabilities.
Arguments and Actions
Landlord
Actions
Landlord claimed he needed vacant possession to do renovations before listing unit for sale
Tenant
Arguments
Verbal conversation about vacating unit constitutes termination notice
Actions
Tenant objected to potential rent increase and argued property could be sold with tenant continuing to occupy it.
Decision Summary
Tenant's application was dismissed as they failed to prove the Landlord gave a termination notice in bad faith. The verbal conversation did not meet legal requirements for notice under the Residential Tenancies Act.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
78.6%
Tenant Favorable
7.1%
Mutual Agreement
14.3%
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