Last updated: October 13, 2024
Ordered by Kyle Anderson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Clement v Chu, 2024 ONLTB 62357
File Number: LTB-T-089839-23
Application Date
Aug 2023
Hearing Date
Jul 2024
Order Date
Aug 30, 2024
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.
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.
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.
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.
Tenants vacated the rental unit on July 6, 2023 after receiving the N12 notice.
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