Tenant Wins Bad Faith Eviction Case: Brady v Cheng 2024
Hamilton tenant awarded $16775 after landlord served N12 notice in bad faith
Summarized by RentZenLast updated: November 3, 2024
Case Summary
392 Aberdeen Avenue, Hamilton, ON L8P2R5
Decision in favor of
tenant
Balance Owed to Tenant
$16,775
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Nov 2021
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Apr 29, 2024
Dispute Summary
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
Case Study
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord served the N12 notice in bad faith, as the Landlord's mother was unable to move into the rental unit within a reasonable time after the Tenant vacated.
Arguments and Actions
Landlord
Actions
Landlord's mother was unable to move into the rental unit due to COVID-19 lockdowns in China and expired passport issues.
Tenant
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,278
Application Fee
$53
Other Owed Amount
$16,775
General compensation and out-of-pocket expenses
Total Owing
$16,775 (Owed to Tenant)
Source
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