Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 135, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$1,185
to Tenant
Agree with the ruling?
Citation: Coates v Couturier, 2024 ONLTB 88093
File Number: LTB-T-011428-23
Tenancy End Date
Nov 2021
Application Date
Jan 2023
Hearing Date
Jul 2024
Order Date
Nov 26, 2024
The Tenant's T5 application alleging bad faith N12 notice was dismissed. The Landlord successfully rebutted the presumption of bad faith by providing evidence of changed circumstances. The Tenant failed to prove the Landlord acted in bad faith. The parties agreed to resolve the T1 application, with the Landlord ordered to pay the Tenant $1,185.
Tenant applied for orders determining that the Landlord collected or retained money illegally and gave a notice of termination in bad faith.
Landlord provided evidence of changed circumstances, including her sons' plans changing and a significant increase in her mortgage payments, to rebut the presumption of bad faith.
Landlord sent N12 Notice to Tenant in October 2021 stating her sons planned to move into the rental unit in April 2022. Landlord's sons did not end up moving in and the property was listed for sale in October 2022.
Tenant vacated the rental unit on November 30, 2021 pursuant to the N12 Notice.
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Other Amount
$1,185
amount equal to one month's rent
Ordered Amount
$1,185 (to Tenant)
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