Last updated: October 13, 2024
Ordered by Paul Sommerville,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$11,869
to Tenant
Agree with the ruling?
Citation: Cargill v Sheikh, 2024 ONLTB 14216
File Number: LTB-T-072817-22
Tenancy End Date
Nov 2021
Application Date
Jul 2022
Hearing Date
Nov 2023
Order Date
Apr 11, 2024
The Tenant proved the Landlord served an N12 notice in bad faith, as the Landlord did not move in their son as stated and instead advertised the unit for rent shortly after the Tenant vacated. The Landlord must pay the Tenant $11,869, including $416 for rent abatement, $8,400 for rent differential, and $3,000 in general damages.
Tenant applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Tenant vacated the rental unit in response to the N12 notice, but the Landlord did not move in their son as stated in the notice, and instead advertised the unit for rent shortly after the Tenant's departure.
Landlord served N12 notice to terminate tenancy for use by Landlord's son, but did not move son in and instead advertised unit for rent shortly after Tenant vacated.
Tenant vacated the rental unit on November 25, 2021 in response to the N12 notice.
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Lawful Rent
$2,600
Application Fee
$53
Ordered Amount
$11,869 (to Tenant)
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