Tenant Wins Bad Faith Eviction Case: Akbar v Canadian Health Assessment Services Inc. 2024
Tenant awarded $6780 after landlord's bad faith N12 notice for personal use
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 65 Harbour Sq, Toronto, ON M5J2L4
Decision in favor of
tenant
Balance Owed to Tenant
$6,780
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2022
Hearing Date
Jul 2024
Order Date
Sep 5, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith after serving an N12 notice for personal use and subsequently re-renting the unit at a higher rate within a year.
Determinations
- Landlord served N12 notice
- Tenant vacated unit
- Landlord re-rented unit within a year
- Landlord failed to disclose change in circumstances
Case Study
The Landlord served an N12 notice in good faith initially, but failed to inform the Tenant when circumstances changed and the daughter no longer needed the unit.
Arguments and Actions
Landlord
Actions
Claimed Tenant informed him about purchasing a property, which Tenant denied
Procedural Errors
Did not inform Tenant about change in circumstances for N12 notice
Aggravating Factors
Failed to disclose change in circumstances for N12 notice
Tenant
Actions
Moved to another rental unit in the same condominium complex
Decision Summary
Landlord must pay Tenant $6,780.00 for bad faith eviction, including rent differential, moving expenses, and general damages.
Reason for Eviction Relief
Bad faith eviction
Adjudicator Details
LTB Member
Total Orders
269
Landlord Favorable
86.6%
Tenant Favorable
8.9%
Mutual Agreement
4.5%
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Financial Details
Lawful Rent
$2,040
Application Fee
$48
Total Owing
$6,780 (Owed to Tenant)
Source
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