Tenant Wins Bad Faith Eviction Case: Lalonde v Merriman 2024
Landlord ordered to pay $6085 to tenant for serving N13 notice in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5 John Street, Brockville, ON K6V5A6
Decision in favor of
tenant
Balance Owed to Tenant
$6,085
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Tenancy End Date
Mar 2023
Hearing Date
Jan 2024
Order Date
Apr 3, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N13 notice indicating the intent to demolish the rental unit, but the building was subsequently sold instead of being demolished.
Determinations
- Landlord served N13 notice in bad faith
- Landlord had agreement to sell building when N13 was served
- Building has not been demolished as of hearing date
- Tenant signed N11 agreement based on Landlord's stated intent to demolish
Arguments and Actions
Landlord
Arguments
Tenant accepted 4 months free rent and signed N11 agreement, so cannot file T5 application.
Tenant
Actions
Tenant was surprised by N13 notice but understood building was old. Tenant signed N11 agreement thinking Landlord intended to demolish.
Decision Summary
The Tenant proved the Landlord served the N13 notice in bad faith. The Landlord must pay the Tenant $6,085, including $1,032 for rent differential, $5,000 for general compensation, and $53 for the application fee.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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Financial Details
Application Fee
$53
Total Owing
$6,085 (Owed to Tenant)
Source
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