Tenants Win Bad Faith Eviction Case: COLE v HUANG 2024
Barrie tenants awarded $11709 after landlords served N12 notices in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
26 Dunnett Drive, Barrie, ON L4N0J7
Decision in favor of
tenant
Balance Owed to Tenant
$11,709
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2022
Hearing Date
Jan 2024
Order Date
Mar 28, 2024
Dispute Summary
Tenants filed a T5 application alleging that the Landlords served N12 notices in bad faith, as they did not move into the rental unit after the Tenants vacated. The Landlords did not attend the hearing.
Determinations
- Landlord served two N12 notices
- Tenants vacated the rental unit as a result of the N12 notices
- No evidence that the Landlord or their family member moved into the rental unit
Case Study
The Tenants proved the allegations in the application on a balance of probabilities. The Landlords served two N12 notices, but did not move into the rental unit after the Tenants vacated.
Arguments and Actions
Landlord
Actions
Landlord served two N12 notices to terminate the tenancy for their own use, but did not move into the rental unit after the Tenants vacated.
Tenant
Actions
Tenants vacated the rental unit after receiving the N12 notices from the Landlord.
Decision Summary
The Landlords served N12 notices in bad faith, as they did not move into the rental unit after the Tenants vacated. The Landlord is ordered to pay the Tenants $11,708.99, which includes rent differential for 1 year and moving/storage/parking expenses.
Adjudicator Details
LTB Member
Total Orders
5
Landlord Favorable
60.0%
Tenant Favorable
20.0%
Mutual Agreement
20.0%
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Financial Details
Lawful Rent
$2,500
Application Fee
$53
Total Owing
$11,709 (Owed to Tenant)
Source
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