Landlord Wins Bad Faith Eviction Case: Harris v Harlock
LTB Dismisses Bad Faith Eviction Claim in Harris v Harlock Case
Summarized by RentZenLast updated: July 22, 2024
Case Summary
42 Hammet Street, Cambridge, ON N3C2H4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Feb 2020
Hearing Date
Dec 2021
Order Date
Jan 13, 2022
Dispute Summary
Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenant a notice of termination for landlord's own use (N12) and the Tenant vacated the rental unit. The Landlords' daughter then moved into the rental unit.
Determinations
- Landlords served valid N12 Notice
- Landlords' daughter moved into the rental unit within a reasonable time after the Tenant vacated
- Tenant vacated the rental unit in accordance with the N12
Case Study
The Tenant has not satisfied the necessary statutory element that the intended person on the N12 did not occupy the rental unit within a reasonable time after she vacated, and the application is dismissed.
Arguments and Actions
Landlord
Actions
Landlord, Dennis Harlock, testified his daughter did not move into the rental unit until April as she was commuting back and forth to London, Ontario finishing up teacher's college.
Tenant
Arguments
Tenant alleges the Landlords terminated their tenancy in bad faith to renovate and sell the rental unit for a profit.
Actions
Tenant and occupant testified they wished to buy the home, had frequently told the Landlords this, and invested time and money in the property as they thought they would be living there long-term.
Decision Summary
The Tenant's application is dismissed. The Landlords' daughter moved into the rental unit within a reasonable time after the Tenant vacated, and the Tenant has not satisfied the necessary statutory element to grant the application.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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