Tenants Win Bad Faith Eviction Case: Mcdermott v Akhhmadeeva 2024
Tenants awarded $12702 after landlord serves bad faith N12 eviction notice and sells property
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 150 Gateshead Cres, Stoney Creek, ON L8G4A7
Decision in favor of
tenant
Balance Owed to Tenants
$12,702
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2022
Hearing Date
Mar 2024
Order Date
Apr 15, 2024
Dispute Summary
Tenants filed a T5 application alleging the landlord served an N12 notice in bad faith, claiming the landlord did not intend to occupy the unit and instead put it up for sale shortly after the tenants vacated.
Determinations
- N12 notice served in May 2022
- Tenants vacated on August 1, 2022
- Property advertised for sale in February 2022
- Landlord did not occupy unit after tenants left
Case Study
Subsection 57(1)(a) of the Residential Tenancies Act requires proving the landlord served an N12 notice, tenants vacated, no one occupied the unit, and the notice was in bad faith.
Arguments and Actions
Landlord
Aggravating Factors
Served N12 notice in bad faith, advertised property for sale shortly after tenants vacated
Tenant
Arguments
Landlord did not occupy unit after tenants left, property was advertised for sale
Actions
Tenants vacated unit on August 1, 2022, after receiving N12 notice
Decision Summary
Landlord must pay tenants $12,702.13 for bad faith N12 notice, including rent abatement, rent differential, and moving expenses.
Adjudicator Details
LTB Member
Total Orders
47
Landlord Favorable
91.5%
Tenant Favorable
8.5%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,995
Application Fee
$48
Total Owing
$12,702 (Owed to Tenants)
Source
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