Bad Faith N12 Notice: Andotra v Hafezjee 2024 LTB Case
Landlord fined $5000 for serving bad faith N12 Notice to evict tenants under false pretenses
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 28 Ted Rogers Way, Toronto, ON M4Y2J4
Decision in favor of
tenant
Balance Owed to Tenants
$2,848
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2024
Hearing Date
Aug 2024
Order Date
Sep 11, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 Notice for personal use, but the Tenants argued the notice was not genuine and served to facilitate selling the rental unit.
Determinations
- N12 Notice served in bad faith
- Landlord did not genuinely intend to occupy unit
- Landlord did not occupy unit within reasonable time
- Landlord failed to communicate changes in circumstances
Case Study
The Landlord must prove the N12 Notice was served in good faith, including intention to occupy the unit and actual occupation within a reasonable time.
Arguments and Actions
Landlord
Arguments
Intended to occupy unit or sell, acted in good faith
Actions
Claimed intention to move in or sell unit, changed termination date multiple times
Procedural Errors
Failed to communicate changes in circumstances, served N12 Notice in bad faith
Aggravating Factors
Served N12 Notice with contingent intention to occupy, did not communicate changes in circumstances
Tenant
Arguments
N12 Notice was not genuine, served to facilitate selling rental unit
Actions
Tenants were cautious in finding new place, took time to search carefully
Decision Summary
The Landlord must pay Tenants $2,848 for moving expenses and stress, and a $5,000 administrative fine to the LTB for serving an N12 Notice in bad faith.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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Financial Details
Application Fee
$48
Administrative Fine Payable to LTB
$5,000
Other Owed Amount
$1,800
Moving and storage expenses
Total Owing
$2,848 (Owed to Tenants)
Fine Payable By: Landlord
Source
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