Tenant Wins Bad Faith Eviction Case: Bekkers v Bretgoltz 2024
Toronto tenant awarded $25669 after landlord issued bad faith eviction notice
Summarized by RentZenLast updated: October 13, 2024
Case Summary
250 Wellington Street West, Toronto, ON M5V3P6
Decision in favor of
tenant
Balance Owed to Tenant
$25,670
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
May 2023
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Aug 26, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord claimed they did not provide the N13 notice, but the Adjudicator found that the Landlord's email to the Tenant constituted a notice under Section 50(1)(c) of the Act. The Tenant vacated the unit, and the Landlord listed the unit for rent shortly after, without completing any renovations, which the Adjudicator found to be evidence of bad faith.
Determinations
- Landlord's email constituted a notice under Section 50(1)(c)
- Tenant vacated the unit as a result of the notice
- Landlord listed the unit for rent shortly after, without completing renovations
- Landlord failed to prove notice was not given in bad faith
Arguments and Actions
Landlord
Actions
Landlord listed the rental unit for rent on May 16, 2023, and found a new tenant on June 4, 2023. Landlord testified that they only painted the unit when the Tenant moved out.
Tenant
Actions
Tenant vacated the rental unit on May 6, 2023, prior to the vacate date in the notice.
Decision Summary
The Tenant proved the Landlord gave a notice of termination in bad faith. The Landlord is ordered to pay the Tenant $25,669.93, which includes one month's rent compensation, the Tenant's reasonable moving expenses, and general compensation of 12 months' rent.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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Financial Details
Lawful Rent
$1,872
Application Fee
$53
Total Owing
$25,670 (Owed to Tenant)
Source
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