Tenants Win Bad Faith Eviction Case: Cornacchia v Sandy 2024
Tenants awarded $10806 after Landlord served N12 notice in bad faith in Barrie
Summarized by RentZenLast updated: October 13, 2024
Case Summary
20 Bell St, Barrie, ON L4N0J2
Decision in favor of
tenant
Balance Owed to Tenants
$10,806
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2022
Application Date
Sep 2023
Hearing Date
Jan 2024
Order Date
Mar 5, 2024
Dispute Summary
The Tenants applied for an order determining that the Landlord collected or retained money illegally (T1 application) and gave a notice of termination in bad faith (T5 application). The Landlord served the Tenants an N12 notice of termination for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord did not occupy the unit within a reasonable time and instead rented it to other tenants.
Determinations
- Landlord served valid N12 notice
- Tenants vacated the rental unit as a result of the N12 notice
- Landlord did not occupy the rental unit within a reasonable time
- Landlord rented the unit to other tenants instead
- Landlord failed to rebut the presumption that the N12 notice was served in bad faith
Arguments and Actions
Landlord
Arguments
The Landlord claimed she was required to sign a one-year lease with another landlord and could not move into the rental unit as a result.
Actions
The Landlord acknowledged that she did not pay the Tenants the N12 compensation, and testified that it was because she was not provided the Tenants' last month's rent deposit from the former landlord. The Landlord also testified that she rented the unit to a group of students several months after the Tenants vacated, rather than personally occupying it.
Tenant
Actions
The Tenants vacated the rental unit on August 31, 2022 as a result of the N12 notice served by the Landlord.
Decision Summary
The Landlord must pay the Tenants $10,806.00, which includes $2,675.00 for the N12 compensation and $8,025.00 in general and compensatory damages for the N12 notice being served in bad faith. The Tenants are also awarded $106.00 for the cost of filing both applications. If the Landlord does not pay the full amount by March 15, 2024, they will owe interest at 7.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
57
Landlord Favorable
82.5%
Tenant Favorable
7.0%
Mutual Agreement
10.5%
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Financial Details
Lawful Rent
$2,675
Application Fee
$106
Total Owing
$10,806 (Owed to Tenants)
Source
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