Bad Faith Eviction Case: Civak v Kaya 2024 LTB Ruling
Tenant successfully challenges landlord's bad faith N12 notice in Toronto rental dispute
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 162 Elder Street, North York/Toronto, ON M3H5H1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2023
Hearing Date
Jul 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 after serving an N12 notice claiming personal use of the rental unit.
Determinations
- N12 notice served in June 2022
- Landlord did not move into unit after tenant vacated
- Tenant remained in unit for 14 months after notice
- Landlord advertised unit for rent before tenant moved out
Arguments and Actions
Landlord
Actions
Did not pay one month's rent compensation, asked mother to advertise unit
Aggravating Factors
Advertised rental unit for rent before tenant moved out, mother harassed tenant
Tenant
Actions
Remained in unit for 14 months after N12 notice, moved out due to mother's harassment
Decision Summary
The Tenant's application was dismissed. The Board found that the Tenant did not prove they vacated the rental unit as a result of the N12 notice, and the Landlord's evidence was insufficient to prove they genuinely intended to move into the unit.
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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