Alice v Mclean - Tenants Win Bad Faith Eviction Case
Tenants awarded $18464 after Landlord served N12 notice in bad faith in Mississauga
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1116 Shadeland Dr, Mississauga, ON L5C1P1
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Apr 2024
Order Date
Jun 7, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenants proved the allegations on a balance of probabilities, and the Landlord must pay the Tenants $18,464.13.
Determinations
- Melvin McLean is not a landlord but performed property management role
- Tenants proved allegations in T5 application on a balance of probabilities
- Landlord served N12 notice of termination
- Tenants vacated the rental unit as a result of the N12 notice
- No person referred to in subsection 48(1) occupied the rental unit within a reasonable time after the Tenants vacated
- Landlord served the N12 notice of termination in bad faith
Arguments and Actions
Landlord
Actions
Landlord served an N8 notice on February 28, 2023 and then an N12 notice on May 8, 2023. Landlord claims he intended to withdraw the N12 notice.
Tenant
Actions
Tenants vacated the rental unit on August 3, 2023 due to the N12 notice.
Decision Summary
The Tenants proved the Landlord served an N12 notice of termination in bad faith. The Landlord must pay the Tenants $18,464.13, which includes $15,884.16 for increased rent and $2,579.97 for reasonable moving expenses.
Adjudicator Details
LTB Member
Total Orders
85
Landlord Favorable
96.5%
Tenant Favorable
2.4%
Mutual Agreement
1.2%
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