Landlord Wins Bad Faith Eviction Case: McConnell v Codrin 2022
LTB Ruling: Landlord Wins Bad Faith Eviction Dispute in McConnell v Codrin
Summarized by RentZenLast updated: July 22, 2024
Case Summary
674 Lincoln Road, Windsor, ON N8Y2G7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Dec 2019
Application Date
Oct 2020
Hearing Date
Oct 2021
Order Date
Mar 3, 2022
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 notice of termination for the Landlord's own use of the rental unit, and the Tenant vacated the unit. The Tenant later discovered that the property was sold and used as an Airbnb.
Determinations
- Landlord had no intention of selling when serving N12
- Landlord served valid N12 notice
- Landlord's father moved in but did not remain
- Presumption of bad faith is rebutted
Case Study
The Landlord's father moved into the rental unit but did not remain there, and the Landlord had no intention of selling when he served the N12 notice. The presumption of bad faith is rebutted, and the Tenant's application is dismissed.
Arguments and Actions
Landlord
Actions
Landlord served the Tenant an N12 notice for the Landlord's father to move in, but the father only stayed for a few months before moving in with his girlfriend. Landlord then sold the property by coincidence.
Tenant
Actions
Tenant lived in the unit for approximately 10 years. After vacating, Tenant's friend emailed that the property was put up for sale, and Tenant discovered the property was sold and used as an Airbnb.
Decision Summary
The Tenant's application is dismissed. The Landlord rebutted the presumption of bad faith in serving the N12 notice.
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$544
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.