Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$5,115
to Tenant
Agree with the ruling?
Application Date
Dec 2022
Hearing Date
Aug 2024
Order Date
Sep 6, 2024
The Landlord served the N12 Notice in bad faith. The Landlord's daughter did not move into the rental unit within a reasonable time after the Tenant vacated. The Tenant is awarded $1,980 for rent differential, $1,582 for moving expenses, and $1,500 for general compensation. The Landlord is also ordered to pay a $5,000 administrative fine.
The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 Notice stating that the Landlord's daughter required possession of the rental unit for residential occupation for at least one year. The Tenant vacated the rental unit, but the Landlord's daughter did not move in and the unit was re-rented to new tenants.
The Landlord argued that her daughter intended to move into the rental unit but there was a change of circumstances that led to the unit being re-rented.
The Landlord served the Tenant an N12 Notice stating that the Landlord's daughter required possession of the rental unit for residential occupation for at least one year. The Landlord's daughter did not move into the rental unit and the unit was re-rented to new tenants.
The Landlord's email to the Tenant on April 26, 2021 demonstrates a complete disregard for the Act and the Landlord's attempt to circumvent the Board's process for evicting a Tenant for damages or other problematic behaviour.
The Tenant vacated the rental unit on July 31, 2021 after receiving the N12 Notice.
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Lawful Rent
$2,500
Application Fee
$53
Administrative Fine Payable to LTB
$5,000
Ordered Amount
$5,115 (to Tenant)
Fine Payable By: Landlord
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