Tenants Win Bad Faith Eviction Case: Assenza v An 2024
North York tenants awarded $35000 for landlord's bad faith N12 eviction notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 23 Lorraine Drive, North York, ON M2N6Z6
Decision in favor of
tenant
Balance Owed to Tenants
$35,000
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jul 2023
Hearing Date
Jun 2024
Order Date
Sep 4, 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 claiming personal use, but subsequently re-rented the unit at a higher rent.
Determinations
- N12 notice served for personal use
- Unit re-rented within one year
- Landlord's explanation deemed unreasonable
- Bad faith termination proven
Case Study
The Board found that the Landlord gave the N12 notice in bad faith, considering the circumstances of re-renting the unit quickly at a significantly higher rent.
Arguments and Actions
Landlord
Arguments
Unforeseen circumstances led to re-renting
Actions
Landlord's son claimed layoff and quickly re-rented the unit
Aggravating Factors
Misrepresentation of personal use, quick re-renting at higher rent
Tenant
Arguments
Landlord served N12 notice in bad faith
Actions
Tenants moved to a new unit further from son's school after receiving N12 notice
Decision Summary
The Landlord must pay the Tenants $35,000.00 for bad faith eviction, including rent abatement, increased rent, moving expenses, and application costs.
Reason for Eviction Relief
Bad faith eviction
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,428
Application Fee
$48
Total Owing
$35,000 (Owed to Tenants)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.