Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$4,248
to Tenant
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Citation: Dhall v ALIM, 2025 ONLTB 8543
File Number: LTB-T-054167-24
Hearing Date
Jan 2025
Order Date
Feb 13, 2025
The Tenant's application is granted. The Landlord must pay the Tenant $4,248, which includes $4,200 for the rent differential and $48 for the application fee. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act.
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the purpose of the Landlord's parent occupying the rental unit. The Tenant vacated the unit, but the Landlord's parent did not move in, and the Landlord re-rented the unit at a higher rate within a year.
Landlord argued the decisions were made in good faith, without intent for financial gain, and were solely aimed at supporting the father-in-law's recovery. The circumstances were beyond their control and the actions taken were reasonable.
Landlord claimed they issued the N12 notice due to the father-in-law's medical condition and need for a single-floor layout. After the Tenant moved out, the Landlord renovated the unit to add a second bathroom, but the father-in-law's health improved and he decided not to move in. The Landlord then re-rented the unit.
Tenant visited the rental unit monthly after moving out and observed that no one had moved in. Tenant discovered the unit was re-rented at a higher rate in June 2024.
Tenant submitted 25 new documents on the day of the hearing, which the Landlord had no opportunity to review. The Tenant was offered an adjournment but chose to proceed.
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Lawful Rent
$2,750
Application Fee
$48
Ordered Amount
$4,248 (to Tenant)
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