Last updated: January 12, 2025
Ordered by Karen Gonçalves,Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$48
to Tenant
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Citation: Alzayat v Kemeni, 2024 ONLTB 74608
File Number: LTB-T-069246-23
Tenancy End Date
Jan 2023
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Oct 9, 2024
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord served the N12 notice in bad faith, the Tenant vacated as a result, and the Landlord's daughter did not move into the unit. The Landlord must pay the Tenant $48.00 for the application fee.
Tenant applied for an order determining that the Landlord gave a notice of termination under section 48 (N12 notice) in bad faith. The Tenant vacated the rental unit as a result of the N12 notice, but the Landlord's daughter did not move into the unit within a reasonable time.
Landlord's daughter had mental health issues and did not graduate as expected, so the Landlord leased the unit to another tenant.
Tenant believes the Landlord's daughter never had any intention of moving into the rental unit and the Landlord's intention was to rent the unit for a higher rent.
Tenant vacated the rental unit on January 31, 2023 because the Landlord gave the Tenant a notice of termination claiming the Landlord required possession of the rental unit.
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Lawful Rent
$2,282
Application Fee
$48
Ordered Amount
$48 (to Tenant)
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