Brady v Cheng
Last updated: November 3, 2024
Order
Ordered by Brett Lockwood,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$16,775
to Tenant
Agree with the ruling?
Citation: Brady v Cheng, 2024 ONLTB 30598
File Number: LTB-T-011632-23
Timeline
Tenancy End Date
Nov 2021
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Apr 29, 2024
Decision
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant $16,775.43, which includes $1,392.43 for reasonable out-of-pocket expenses and $15,330.00 for general compensation.
Dispute
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant vacated the rental unit as a result of the N12 notice, but the Landlord's parent did not move into the unit within a reasonable time.
Determinations
- Landlord served valid N12 notice
- Tenant vacated the rental unit as a result of the N12 notice
- Landlord's parent did not move into the rental unit within a reasonable time after the Tenant vacated
- Landlord served the N12 notice in bad faith
Landlord's Arguments
Actions and Evidence
Landlord's mother was unable to move into the rental unit due to COVID-19 lockdowns in China and expired passport issues.
Tenant's Arguments
Actions and Evidence
Tenant vacated the rental unit on November 30, 2021 as a result of the N12 notice. Tenant was subsequently homeless and had to store belongings and stay with a cousin.
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Financial Details
Lawful Rent
$1,278
Application Fee
$53
Other Amount
$16,775
General compensation and out-of-pocket expenses
Ordered Amount
$16,775 (to Tenant)
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