Duquette v Morshed - Tenant Wins Bad Faith Eviction Case
Tenant awarded $11126 after Landlord issued N12 notice in bad faith to re-rent unit at higher price
Summarized by RentZenLast updated: November 3, 2024
Case Summary
932 Ormond Street, Oshawa, ON L1K3C2
Decision in favor of
tenant
Balance Owed to Tenant
$11,126
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2021
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Mar 7, 2024
Dispute Summary
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 Notice of Termination for the Landlord's own use - parent. The Tenant vacated the rental unit, but the Landlord did not move his mother into the unit and instead re-rented it at a higher price.
Determinations
- Landlord served N12 notice of termination
- Tenant vacated the rental unit as a result of the N12 notice
- No person referred to in the N12 notice moved into the rental unit within a reasonable time
- Landlord served the N12 notice in bad faith
Case Study
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord served the Tenant with an N12 notice in bad faith, as the Landlord did not move his mother into the unit and instead re-rented it at a higher price.
Arguments and Actions
Landlord
Arguments
Landlord argued the N12 notice was served in good faith, as he lost his job and needed to either rent or sell the property.
Actions
Landlord served the Tenant with an N12 notice, stating he needed the unit for his mother. After the Tenant vacated, the Landlord re-rented the unit at a higher price.
Tenant
Actions
Tenant vacated the rental unit on June 30, 2021 after receiving the N12 notice from the Landlord.
Decision Summary
The Tenant proved the Landlord served the N12 notice in bad faith. The Landlord did not move his mother into the unit and instead re-rented it at a higher price. The Tenant is entitled to $3,300 in rent abatement, $772.59 for increased hydro bills, and $7,000 in general compensation.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
95.0%
Tenant Favorable
2.4%
Mutual Agreement
2.6%
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Financial Details
Lawful Rent
$1,050
Application Fee
$53
Total Owing
$11,126 (Owed to Tenant)
Source
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