Tenant Wins Bad Faith Eviction Case: Hughes v Dulmage 2024
Landlords ordered to pay $15053 to tenant after serving N12 notice in bad faith
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1794 Barkway Road, Gravenhurst, ON P1P1R3
Decision in favor of
tenant
Balance Owed to Tenant
$15,053
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
May 2022
Application Date
Apr 2023
Hearing Date
Apr 2024
Order Date
Apr 24, 2024
Dispute Summary
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 of Termination citing their intention to personally occupy the rental unit, but the Tenant alleged the Landlords failed to occupy the unit within a reasonable time.
Determinations
- Landlords served valid N12 Notice
- Tenant vacated the rental unit as a result of the N12 Notice
- No person referred to in subsection 48(1) occupied the rental unit within a reasonable time after the Tenant vacated
- Landlords served the N12 Notice in bad faith
Arguments and Actions
Landlord
Actions
Landlords claimed financial hardship due to injury, fire damage, and tenant damage, but failed to provide sufficient evidence.
Tenant
Actions
Tenant was forced to leave her home and community, lost her woodworking business, and suffered mental health issues due to homelessness.
Decision Summary
The Tenant proved the Landlords served the N12 Notice in bad faith. The Landlords must pay the Tenant $15,053, which includes $15,000 in general compensation and $53 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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Financial Details
Application Fee
$53
Total Owing
$15,053 (Owed to Tenant)
Source
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