Tenants Win Bad Faith Eviction Case: DEBERGH v LA 2024
Tenants awarded $10613 after Landlord served N12 notice in bad faith in Toronto rental dispute
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 375 King Street West, Toronto, ON M5V1K1
Decision in favor of
tenant
Balance Owed to Tenant
$10,613
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jan 2022
Application Date
May 2022
Hearing Date
Apr 2024
Order Date
Jun 4, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice claiming the purchaser of the rental unit required vacant possession for residential occupation, but the Tenants alleged the unit was rented out shortly after they vacated, indicating the notice was served in bad faith.
Determinations
- Landlord served valid N12 notice
- Tenants vacated the unit as a result of the N12 notice
- Purchaser did not move into the unit within a reasonable time
- Landlord served the N12 notice in bad faith
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on January 15, 2022 as a result of the N12 notice.
Decision Summary
The Landlord must pay the Tenant $10,613.00 by June 15, 2024 as the Tenant proved the Landlord served the N12 notice in bad faith. The Tenant is entitled to $10,560.00 for the rent differential between the previous and new unit, and $53.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,400
Application Fee
$53
Total Owing
$10,613 (Owed to Tenant)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.