Last updated: November 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$9,123
to Tenant
Agree with the ruling?
Tenancy End Date
Jan 2023
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Landlord must pay Tenant $9,123.00 for bad faith N12 notice, including $9,000 for rent differential and $75 for moving expenses. The Landlord failed to prove genuine intention to occupy the rental unit.
Bad faith N12 notice
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith and collected or retained money illegally. The Landlord served an N12 notice claiming personal use, but did not genuinely intend to occupy the rental unit.
Claimed change in circumstances prevented occupying the rental unit
Landlord claimed allergies prevented him from living in the unit, but provided no supporting evidence
Served N12 notice without genuine intention to occupy
Served N12 notice in bad faith, sold property within one year of tenant vacating
Landlord served N12 notice in bad faith and did not genuinely intend to occupy the rental unit
Tenant moved out on January 21, 2023, after receiving N12 notice. Tenant found a new rental unit with improved conditions.
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Lawful Rent
$800
Application Fee
$48
Ordered Amount
$9,123 (to Tenant)
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