Cungu v Todorovic: Tenant Bad Faith Eviction Claim Dismissed
Tenants' bad faith eviction claim against landlord selling property dismissed by LTB
Summarized by RentZenLast updated: November 14, 2024
Case Summary
15 Sorrento St, Kitchener, ON N2R0A4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Oct 2023
Hearing Date
Aug 2024
Order Date
Sep 3, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenants alleged that the Landlord attempted to force them out by issuing an N5 notice and proposing an N11 agreement after expressing intent to sell the property.
Determinations
- No formal N12 notice was issued
- Landlord attempted to negotiate property showings
- Tenants refused in-person property showings
- N5 notice issued after tenants refused cooperation
- No evidence of bad faith termination
Case Study
The Board examined whether the Landlord issued a de facto N12 notice and found no evidence of bad faith termination. The Landlord attempted to find reasonable solutions for property showings and selling the unit.
Arguments and Actions
Landlord
Arguments
Followed proper procedures in attempting to sell the property and accommodate tenants' concerns.
Actions
Attempted to negotiate property showings, proposed N11 agreement, issued N5 notice after tenants refused cooperation.
Tenant
Arguments
Alleged Landlord issued a de facto N12 notice and harassed them into leaving the property.
Actions
Tenants refused in-person property showings, suggested virtual tours, and stated they would not accommodate open houses.
Decision Summary
The Tenants' application is dismissed. The Board found no evidence that the Landlord issued a bad faith termination notice or improperly forced the Tenants to vacate the property.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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