Tenant Wins Bad Faith Eviction Case: Hart v Nutter 2024
Windsor tenant awarded $7008 after landlords served N12 notice in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
368 Ellis St W, Windsor, ON N8X1B2
Decision in favor of
tenant
Balance Owed to Tenant
$7,008
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2023
Application Date
Jul 2023
Hearing Date
Jul 2024
Order Date
Aug 26, 2024
Dispute Summary
Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant an N12 notice to terminate the tenancy for their son's personal use, but the rental unit was listed for sale less than a year after the Tenant vacated.
Determinations
- Landlords gave N12 notice for own use
- Tenant vacated rental unit as a result of N12 notice
- Landlords' son did not move into rental unit after Tenant vacated
- Landlords listed rental unit for sale less than a year after Tenant vacated
- Landlords failed to rebut presumption of bad faith
Case Study
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlords served the N12 notice in bad faith as the rental unit was listed for sale less than a year after the Tenant vacated, creating a rebuttable presumption of bad faith. The Landlords failed to rebut this presumption.
Arguments and Actions
Landlord
Arguments
Landlords argued that their son's work opportunity in Windsor fell through after the Tenant had already vacated, which should rebut the presumption of bad faith.
Actions
Landlords listed the rental unit for sale in August 2023, less than a year after the Tenant vacated.
Tenant
Actions
Tenant vacated the rental unit in February 2023 as a result of the N12 notice.
Decision Summary
The Landlords served the N12 notice in bad faith as the rental unit was listed for sale less than a year after the Tenant vacated. The Landlords failed to rebut the presumption of bad faith. The Tenant is awarded $6,960 for the increased rent she had to pay for a one-year period after moving out, plus the $48 application fee.
Adjudicator Details
LTB Member
Total Orders
14
Landlord Favorable
92.9%
Tenant Favorable
7.1%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$1,300
Application Fee
$48
Total Owing
$7,008 (Owed to Tenant)
Source
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