Al-Mawajdeh v Shaikh - Landlord Fails to Prove Bad Faith Eviction
Tenants' bad faith eviction claim dismissed as they failed to prove they vacated due to landlord's notice
Summarized by RentZenLast updated: November 3, 2024
Case Summary
44 Workmens Circle, Ajax, ON L1T0N7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Sep 2023
Hearing Date
Mar 2024
Order Date
Apr 12, 2024
Dispute Summary
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords had sent emails to the Tenants requesting them to vacate the rental unit, but these emails did not constitute proper notice under the Residential Tenancies Act.
Determinations
- Landlords' emails did not constitute proper notice under the Act
- Tenants did not vacate due to a notice of termination
- Tenants vacated due to breakdown in relationship with Landlords
Arguments and Actions
Landlord
Arguments
Landlords argued that the emails sent to Tenants do not constitute proper notice of termination under the Act.
Actions
Landlords sent emails to Tenants requesting them to vacate the rental unit.
Tenant
Actions
Tenants vacated the rental unit on April 1, 2022 due to the breakdown in the relationship with the Landlords.
Decision Summary
The Tenants' application is dismissed as they did not prove that they vacated the rental unit as a result of a notice of termination issued by the Landlords.
Adjudicator Details
LTB Member
Total Orders
21
Landlord Favorable
66.7%
Tenant Favorable
33.3%
Mutual Agreement
0.0%
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