Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$7,828
to Tenant
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Tenancy End Date
Jun 2021
Application Date
Dec 2022
Hearing Date
Jul 2024
Order Date
Nov 22, 2024
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant $7,828.25, which includes $1,500 for unpaid mandatory compensation, $5,400 for increased rent the Tenant has incurred for one year, $126.25 for reasonable moving and utility transfer expenses, and $750 for general compensation.
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord gave the Tenant a text message stating that the Landlord's family came to Canada and they would like to move and live in their house as soon as possible, which the Board found to be equivalent to an N12 notice. The Tenant vacated the rental unit, and the rental unit was listed for sale within a month, triggering the reverse onus provisions of section 57(5) of the Residential Tenancies Act, 2006. The Landlord did not provide sufficient evidence to prove that the N12 notice was given in good faith.
Landlord sent a text message to the Tenant on May 17, 2021 stating 'my family came to Canada we would like to move and live in our house as soon as possible.'
Tenant vacated the rental unit on June 1, 2021 as a result of the Landlord's request.
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Lawful Rent
$1,500
Application Fee
$53
Ordered Amount
$7,828 (to Tenant)
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