Last updated: August 23, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$6,853
to Tenants
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Citation: Catangui v Lin, 2023 ONLTB 69145
File Number: LTB-T-050007-22
Tenancy End Date
Jun 2021
Hearing Date
Sep 2023
Order Date
Nov 9, 2023
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.
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.
Landlords argued that their temporary occupation of the unit satisfied the requirements of the N12 notice.
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'.
Landlords evicted Tenants under false pretenses of personal use, only to re-rent the unit at a higher rate within a year.
Tenants argued that the Landlords' short-term occupation and subsequent re-renting of the unit at a higher rate constituted bad faith.
Tenants vacated the rental unit on June 22, 2021, in response to the N12 notice.
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Lawful Rent
$1,800
Application Fee
$53
Administrative Fine Payable to LTB
$4,800
Other Amount
$6,800
General compensation and moving expenses
Ordered Amount
$6,853 (to Tenants)
Fine Payable By: Landlords
Click to switch between order outcomes
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