Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$19,913
to Tenant
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Citation: Folland v Flaherty, 2024 ONLTB 75358
File Number: LTB-T-064570-23
Tenancy End Date
Aug 2022
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Oct 18, 2024
The Tenant proved the Landlords served the N12 notice in bad faith, as the Landlords did not move into the unit within a reasonable time after the Tenant vacated, and instead used the unit for Airbnb. The Landlords failed to rebut the presumption of bad faith. The Landlords must pay the Tenant $19,913 in general compensation and rent differential.
Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for their own use, but the Tenant alleged the Landlords did not move into the unit within a reasonable time after the Tenant vacated.
Landlords argued the rebuttable presumption of bad faith under s. 57(5) did not apply as they had a genuine intention to occupy the unit.
Landlords claimed they had interior designers stay in the unit for 5 weeks after the Tenant vacated, and that they only use the unit 16% of the time for Airbnb.
Tenant vacated the unit on August 1, 2022 pursuant to the Landlords' N12 notice.
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Lawful Rent
$1,895
Application Fee
$53
Ordered Amount
$19,913 (to Tenant)
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