Tenant Wins Bad Faith Eviction Case: Sherar v Lenchyshyn 2024
Tenant awarded $9123 after landlord's bad faith N12 eviction notice in Niagara Falls rental dispute
Summarized by RentZenLast updated: November 14, 2024
Case Summary
5727 Brookfield Ave, Niagara Falls, ON L2G5P9
Decision in favor of
tenant
Balance Owed to Tenant
$9,123
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jan 2023
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Dispute Summary
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.
Determinations
- Landlord did not occupy rental unit within reasonable time
- Landlord sold property within one year of tenant vacating
- Landlord's testimony contradictory about unit occupation
- Landlord failed to rebut bad faith presumption
Case Study
The Board found that the Landlord did not genuinely intend to occupy the rental unit and served the N12 notice in bad faith.
Arguments and Actions
Landlord
Arguments
Claimed change in circumstances prevented occupying the rental unit
Actions
Landlord claimed allergies prevented him from living in the unit, but provided no supporting evidence
Procedural Errors
Served N12 notice without genuine intention to occupy
Aggravating Factors
Served N12 notice in bad faith, sold property within one year of tenant vacating
Tenant
Arguments
Landlord served N12 notice in bad faith and did not genuinely intend to occupy the rental unit
Actions
Tenant moved out on January 21, 2023, after receiving N12 notice. Tenant found a new rental unit with improved conditions.
Decision Summary
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.
Reason for Eviction Relief
Bad faith N12 notice
Adjudicator Details
LTB Member
Total Orders
36
Landlord Favorable
66.7%
Tenant Favorable
27.8%
Mutual Agreement
5.6%
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Financial Details
Lawful Rent
$800
Application Fee
$48
Total Owing
$9,123 (Owed to Tenant)
Source
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