Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$6,973
to Tenant
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Citation: Garry v Seeburger, 2024 ONLTB 66232
File Number: LTB-T-087433-23
Tenancy End Date
Nov 2022
Application Date
Nov 2023
Hearing Date
Jul 2024
Order Date
Sep 10, 2024
The Tenant proved the Landlord served the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith under s. 57(5) as the Landlord rented the unit to another tenant within a year of the Tenant vacating. The Landlord's occupation of the unit for 5 months was not sufficient to meet the one-year requirement. The Landlord must pay the Tenant $6,972.88, including rent abatement and rent differential.
Tenant applied for an order determining that the Landlord gave a notice of termination under section 48 in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the purpose of the Landlord's personal use. The Tenant vacated the rental unit as a result of the N12 notice. The Landlord subsequently rented the unit to another tenant within a year of the Tenant vacating.
Landlord served the Tenant with an N12 notice on August 11, 2022 to terminate the tenancy for the purpose of the Landlord's personal use. Landlord moved into the rental unit on December 5, 2022 and moved out at the end of May 2023.
Tenant vacated the rental unit on November 9, 2022 as a result of the N12 notice served by the Landlord.
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Lawful Rent
$2,741
Application Fee
$48
Ordered Amount
$6,973 (to Tenant)
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