Bad Faith Eviction: Campbell v Boodhai 2024 LTB Case
Tenants win $3600 after landlord falsely claims personal use for eviction
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 7760 Cavendish Drive, Niagara Falls, ON L2H2T4
Decision in favor of
tenant
Balance Owed to Tenants
$3,600
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2023
Application Date
Apr 2023
Hearing Date
Jun 2024
Order Date
Jun 26, 2024
Dispute Summary
Tenants filed a T5 application alleging the Landlord gave a notice of termination in bad faith under section 48, claiming the Landlord did not intend to move her daughter into the rental unit as stated in the N12 notice.
Determinations
- Landlord served N12 notice for personal use
- Tenants vacated unit on March 28, 2023
- Unit listed for rent on April 5, 2023
- Landlord's daughter did not move into unit
- Notice given in bad faith
Case Study
The Board found that the Landlord served an N12 notice claiming personal use, but subsequently listed the unit for rent, indicating bad faith.
Arguments and Actions
Landlord
Actions
Listed rental unit for $2,199 on April 5, 2023
Aggravating Factors
Served N12 notice without genuine intention of moving daughter into unit
Tenant
Arguments
Landlord listed unit for rent shortly after issuing N12 notice
Actions
Moved out on March 28, 2023, to comply with N12 notice
Decision Summary
The Board found the Landlord gave an N12 notice in bad faith and ordered the Landlord to pay $3,600 in general compensation to the Tenants for additional utility costs incurred due to the move.
Adjudicator Details
LTB Member
Total Orders
342
Landlord Favorable
91.5%
Tenant Favorable
6.7%
Mutual Agreement
1.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,650
Application Fee
$53
Other Owed Amount
$3,600
Additional utility costs for 12 months
Total Owing
$3,600 (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.