Landlord Wins Bad Faith Eviction Case: Stewart v Ahmer 2022
LTB Dismisses Tenant's Bad Faith Eviction Claim in Stewart v Ahmer
Summarized by RentZenLast updated: July 22, 2024
Case Summary
274 Ellen Davidson Drive, Oakville, ON L6M0V5
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2019
Application Date
Dec 2020
Hearing Date
Dec 2021
Order Date
Mar 7, 2022
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith (T5 application). The Landlord served the Tenants with an N12 notice, stating she personally required the rental unit. The Tenants vacated the unit, but the Landlord later listed the property for rent, leading the Tenants to allege bad faith.
Determinations
- Landlord intended to move into unit at time of notice
- Landlord listed property for rent to mitigate losses
- Landlord served valid N12 notice
- Landlord's plans disrupted by husband's medical emergency
- Tenants did not prove Landlord acted in bad faith
Case Study
The Landlord was able to provide a reasonable explanation for not moving into the unit, as her husband suffered a medical emergency and she had to relocate to Dubai to support him. The Landlord's plans were disrupted by unforeseen circumstances, and she listed the property for rent to mitigate her losses. The Tenants did not provide sufficient evidence to prove the Landlord acted in bad faith.
Arguments and Actions
Landlord
Arguments
Landlord argued she served the N12 notice in good faith, but unforeseen circumstances prevented her from moving in as planned.
Actions
Landlord intended to move into the unit with her 3 children, but her husband's medical emergency in Dubai forced her to relocate the family there.
Tenant
Arguments
Tenants argued the Landlord did not move into the unit and instead listed it for rent, indicating the notice was served in bad faith.
Actions
Tenants vacated the rental unit on June 29, 2019 after receiving the N12 notice.
Decision Summary
The Tenants' application is dismissed. The Landlord did not serve the N12 notice in bad faith, as she had intended to move into the unit at the time but was prevented from doing so due to her husband's medical emergency.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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