Landlord Wins Bad Faith Eviction Case: Gibel v Abumeeiz 2024
LTB dismisses Windsor tenants' bad faith eviction claim against landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1 Dougall Ave, Windsor, ON
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2020
Application Date
Sep 2022
Hearing Date
Jul 2023
Order Date
Feb 5, 2024
Dispute Summary
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Tenants claimed the Landlords did not move into the rental unit after they vacated as required by the N12 notice.
Determinations
- Tenants did not prove the Landlord served the N12 notice in bad faith
- Landlord testified he moved into the unit after Tenants vacated
- Landlord occupied the unit for 13 months
- Tenants provided insufficient evidence of bad faith
Case Study
The central factual dispute is the allegation that the Landlord did not move into the rental unit within a reasonable period of time after the Tenants vacated. The Tenants claim the property was listed for rent shortly after they vacated, but the Landlord testified he moved into the unit and occupied it for 13 months. The Landlord has the burden to rebut the presumption of bad faith under the Residential Tenancies Act, and the evidence shows the Landlord's intention to occupy the unit was genuine.
Arguments and Actions
Landlord
Actions
Landlord testified he moved into the unit after Tenants vacated and occupied it for 13 months.
Tenant
Actions
Tenants observed 'for rent' sign in window and Kijiji ads for their former unit shortly after vacating.
Decision Summary
The Tenants' application is dismissed. The Landlord has rebutted the presumption of bad faith by showing he genuinely intended to occupy the unit after the Tenants vacated.
Adjudicator Details
LTB Member
Total Orders
707
Landlord Favorable
94.5%
Tenant Favorable
2.8%
Mutual Agreement
2.7%
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