Cassels v Wu - Landlord Wins Bad Faith Eviction Case
LTB dismisses tenants' bad faith eviction claim against Barrie landlords
Summarized by RentZenLast updated: October 13, 2024
Case Summary
90 Joseph Cres, Barrie, ON L4N0Y2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Mar 2024
Order Date
Apr 10, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords did not serve the Tenants with an N12 notice of termination, but rather sent a text message indicating they were considering selling the property. The Tenants then chose to vacate the rental unit on their own accord.
Determinations
- Landlords did not serve N12 notice of termination
- Tenants vacated rental unit on their own accord
- Landlords did not list property for sale until after Tenants vacated
- Subsection 57(1)(b) of the Act does not apply in this case
Case Study
The Board found that the Tenants' application was not applicable under subsection 57(1)(b) of the Residential Tenancies Act, 2006, as the Landlords did not serve an N12 notice of termination and the Tenants vacated the rental unit on their own accord. The Landlords simply sent a text message indicating they were considering selling the property, but did not provide any information about a specific purchaser or termination date.
Decision Summary
The Tenants' application is dismissed because the Landlords did not serve an N12 notice of termination, and the Tenants vacated the rental unit on their own accord.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
Need assistance from an expert?
Sponsored
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.