Landlord Wins Bad Faith Eviction Case: Clement v Chu 2024
Landlords in Oakville win bad faith eviction case, Tenants' application dismissed
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1175 Old Colony Rd, Oakville, ON L6M1J1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 30, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice stating they required possession of the rental unit for their own residential occupation. The Tenants vacated the unit, but the Landlords later re-rented the unit.
Determinations
- Landlord served valid N12 notice
- Landlord intended to move in but circumstances changed
- Landlord notified Tenants of change in circumstances
- Tenants chose to vacate despite option to remain
- Landlord did not act in bad faith
Arguments and Actions
Landlord
Actions
Landlord Lewis Chu testified that at the time the N12 was given, he in good faith intended to move into the rental unit, but his plans changed when the sale of his Tennessee home fell through.
Tenant
Arguments
Tenants were worried Landlord would give another N12 notice when their Tennessee home eventually sold, so they wanted a new fixed-term lease instead of remaining on a month-to-month tenancy.
Actions
Tenants vacated the rental unit on July 6, 2023 after receiving the N12 notice.
Decision Summary
The Tenant's application is dismissed as they failed to establish that the Landlord gave the N12 notice in bad faith. The Landlord's evidence that they intended to move into the unit but circumstances changed was found credible.
Adjudicator Details
LTB Member
Total Orders
19
Landlord Favorable
89.5%
Tenant Favorable
10.5%
Mutual Agreement
0.0%
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