Landlord Wins Bad Faith Eviction Case: Stewart v BRIGHTON PROPERTIES

Dispute Summary

Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N13 notice to terminate the tenancy for the purpose of converting the residential complex back to a duplex, but later revoked the notice. The central issue was whether the tenancy was terminated due to the N13 notice or a mutual agreement (N11) between the parties.

Determinations

• The rental unit is a one bedroom apartment on the lower level of a four-plex.
• The tenancy began around May 2005.
• The Landlords are a partnership agreement between Howard Pye and his son David Pye.
• The Landlords served the Tenant an N13 notice to terminate the tenancy.
• The Landlords revoked the N13 notice around early April 2023.
• The Tenant signed an N11 agreement to terminate the tenancy on August 31, 2023.
• The Tenant vacated the rental unit on August 31, 2023 as a result of the N11 agreement, not the N13 notice.

Arguments and Actions