Bad Faith Eviction Ruling: Catangui v Lin 2023 ONLTB 69145
Landlords fined $11653 for bad faith eviction using N12 notice in Markham
Summarized by RentZenLast updated: August 23, 2024
Case Summary
818 Castlemore Avenue, Markham, ON L6E0G8
Decision in favor of
tenant
Balance Owed to Tenants
$6,853
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2021
Hearing Date
Sep 2023
Order Date
Nov 9, 2023
Dispute Summary
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice claiming personal use, but the Tenants allege that the Landlords did not actually intend to occupy the unit for at least one year as required.
Determinations
- Landlords served valid N12 notice
- Tenants vacated as a result of N12 notice
- Landlords occupied unit for only 7-8 months
- Landlords re-rented unit at higher rate within one year
- Landlords failed to rebut presumption of bad faith
- Landlords' occupation was not considered residential for purposes of section 57(1)(a)
Case Study
The Board found that the Landlords did not rebut the presumption of bad faith under section 57(5) of the RTA. The Landlords' short-term occupation (7-8 months) of the unit after evicting the Tenants was not considered sufficient to constitute residential occupation for the purposes of section 57(1)(a). The Board determined that the Landlords likely never intended to make the rental unit their home, as evidenced by their quick decision to re-rent the unit at a higher rate.
Arguments and Actions
Landlord
Arguments
Landlords argued that their temporary occupation of the unit satisfied the requirements of the N12 notice.
Actions
Landlords claimed to have moved into the unit on July 20, 2021, and lived there for 13 months. They listed the unit for rent in January 2022, allegedly to 'test the rental market'.
Aggravating Factors
Landlords evicted Tenants under false pretenses of personal use, only to re-rent the unit at a higher rate within a year.
Tenant
Arguments
Tenants argued that the Landlords' short-term occupation and subsequent re-renting of the unit at a higher rate constituted bad faith.
Actions
Tenants vacated the rental unit on June 22, 2021, in response to the N12 notice.
Decision Summary
The Board found that the Landlords gave a notice of termination in bad faith. The Landlords must pay the Tenants $6,853.00 for general compensation, moving costs, and their application fee. Additionally, the Landlords must pay a $4,800.00 administrative fine to the Board.
Adjudicator Details
LTB Member
Total Orders
437
Landlord Favorable
96.1%
Tenant Favorable
2.5%
Mutual Agreement
1.4%
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Financial Details
Lawful Rent
$1,800
Application Fee
$53
Administrative Fine Payable to LTB
$4,800
Other Owed Amount
$6,800
General compensation and moving expenses
Total Owing
$6,853 (Owed to Tenants)
Fine Payable By: Landlords
Source
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