Last updated: October 13, 2024
Ordered by Elan Shemtov,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$10,806
to Tenants
Agree with the ruling?
Citation: Cornacchia v Sandy, 2024 ONLTB 14494
File Number: LTB-T-001868-23; LTB-T-010433-23
Tenancy End Date
Aug 2022
Application Date
Sep 2023
Hearing Date
Jan 2024
Order Date
Mar 5, 2024
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.
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.
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.
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.
The Tenants vacated the rental unit on August 31, 2022 as a result of the N12 notice served by the Landlord.
Need assistance from an expert?
Lawful Rent
$2,675
Application Fee
$106
Ordered Amount
$10,806 (to Tenants)
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.