Pedro v Gadea
Last updated: July 22, 2024
Order
Ordered by Debbie Mosaheb,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: Pedro v Gadea, 2022 CanLII 137207
File Number: TST-11851-19
Timeline
Application Date
Jan 2019
Hearing Date
Jun 2021
Order Date
Feb 9, 2022
Decision
The Board found that the Landlord served the N12 notice in bad faith, as the Landlord later listed the unit for rent. The Tenants are entitled to an order for rent differential for a one-year period in the amount of $10,800, as well as the $50 application filing fee.
Dispute
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice to terminate the tenancy for the Landlord's own use, and the Tenants vacated the unit. However, the Landlord later listed the unit for rent, triggering a presumption of bad faith under the Residential Tenancies Act.
Determinations
- Landlord did not rebut presumption of bad faith
- Landlord listed unit for rent 8 months after Tenants vacated
- Landlord served N12 notice
- Presumption of bad faith under Residential Tenancies Act
- Tenants vacated unit based on N12 notice
Landlord's Arguments
Arguments
Landlord did not attend hearing or provide any legal arguments
Actions and Evidence
Landlord served N12 notice, then listed unit for rent 8 months later
Procedural Errors
Landlord did not attend hearing or provide any evidence to rebut presumption of bad faith
Considerations
Landlord listed unit for rent 8 months after Tenants vacated, indicating bad faith
Tenant's Arguments
Arguments
Tenants argued Landlord served N12 notice in bad faith, as unit was later listed for rent
Actions and Evidence
Tenants vacated unit based on Landlord's N12 notice, but later found unit was listed for rent
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