Landlord Wins Bad Faith Eviction Case: Sadeghi v Talebi
Landlord prevails in bad faith eviction case, demonstrates change in financial circumstances led to rental unit sale
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 5162 Yonge Street, North York, ON M2N0E9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Feb 2018
Hearing Date
Mar 2021
Order Date
Aug 18, 2021
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord had previously given the Tenants an N12 Notice of Termination, asserting that the Landlord in good faith required the rental unit for the purposes of residential occupation for a period of at least 1-year. The Landlord subsequently sold the rental unit after the Tenants vacated.
Determinations
- Landlord served valid N12 Notice
- Landlord in good faith required possession of the rental unit for the purposes of residential occupation
- Landlord suffered an unforeseen change in circumstances after giving the N12 Notice
- Landlord had to sell the rental unit to finance the renovations of the Landlord's principal residence
Case Study
The Landlord rebutted the presumption of bad faith on the balance of probabilities. There was a change in circumstances that prevented the Landlord from taking possession of the rental unit, as the proposed renovations of the Landlord's principal residence became too expensive to afford without selling one of the Landlord's properties.
Arguments and Actions
Landlord
Actions
Landlord's plan was to renovate the principal residence at 94 Norton Avenue, but the Landlord's efforts to refinance the property failed in October 2018 after the Tenants had vacated the rental unit. The Landlord had to sell the rental unit to finance the renovations.
Tenant
Arguments
Tenants argued that the Landlord's house at 94 Norton Avenue was ready to occupy, so there was no need to sell the rental unit.
Actions
Tenants vacated the rental unit after the Landlord served the N12 Notice.
Decision Summary
The Tenants' application is dismissed. The Landlord rebutted the presumption of bad faith on the balance of probabilities.
Adjudicator Details
LTB Member
Total Orders
721
Landlord Favorable
93.2%
Tenant Favorable
4.4%
Mutual Agreement
2.4%
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