Fatehi v Zhang
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Fatehi v Zhang, LTB-T-007363-26
File Number: LTB-T-007363-26
Timeline
Application Date
Jan 2025
Hearing Date
Jun 2026
Order Date
Jul 7, 2026
Decision
The Tenant's T5 application for bad faith eviction is granted. The Landlord is ordered to pay $7,900.61 in total compensation, including rent differential, moving expenses, general compensation, and the filing fee.
Dispute
Tenant filed a T5 application claiming the Landlord gave a notice of termination in bad faith under section 48. The Tenant vacated pursuant to a mediation agreement stemming from the N12 notice, but the Landlord did not occupy the unit and eventually sold it.
Determinations
- The Tenant proved the allegations contained in the application on a balance of probabilities.
- The Landlord served an N12 notice of termination for personal use, leading to the Tenant vacating the unit.
- The Landlord did not occupy the rental unit within a reasonable time after the Tenant vacated, triggering the statutory presumption of bad faith under s. 57(5).
- The Landlord failed to attend the hearing to rebut the presumption of bad faith.
Landlord's Arguments
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the N12 notice was given in bad faith because the Landlord did not occupy the unit, instead leaving it vacant before eventually selling it, following the Tenant's refusal to acquiesce to a rent increase.
Actions and Evidence
The Tenant resided in the unit for 9 years, only started looking for a new rental after receiving the N12 notice, and returned to the unit on multiple occasions to pick up mail and vote.
Considerations
Similar Cases
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Irambona v THE TN 2020 FAMILY TRUST
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The LTB dismissed a tenant's review request, confirming the original order that rejected a bad faith eviction claim based on text message communications.
The Landlord and Tenant Board denied a tenant's request to review an order that dismissed her bad faith eviction application.
Irambona v THE TN 2020 FAMILY TRUST
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Khan v Haque and Begum
The Tenant's T1, T2, T5, and T6 applications were dismissed as statute-barred because they were filed years after the tenancy had ended, well beyond the one-year limitation period under the Residential Tenancies Act, 2006.
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Tenant-initiated applications regarding maintenance, harassment, and illegal entry were dismissed as withdrawn upon the Tenants' request.
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The tenants' applications regarding maintenance, tenant rights, and bad faith eviction were dismissed as withdrawn upon the tenants' request at the hearing.
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