Tenants Win Bad Faith Eviction Case: LaRoque v Argarwal 2024
Gloucester tenants awarded $11289 after landlord serves bad faith N12 notice during pandemic
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 1519 Meadowbrook Road, Gloucester, ON K2B5E2
Decision in favor of
tenant
Balance Owed to Tenant
$11,289
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Jul 2021
Application Date
Apr 2022
Hearing Date
Apr 2024
Order Date
Jul 5, 2024
Dispute Summary
Tenants filed an application alleging the Landlord served an N12 notice in bad faith, claiming the unit was needed for personal use when it was actually rented out to another family shortly after the Tenants vacated.
Determinations
- N12 notice served in bad faith
- Tenants moved out before termination date
- Unit rented to new tenants within two months
- Landlord did not rebut presumption of bad faith
Case Study
Tenants proved on balance of probabilities that the N12 notice was served in bad faith, as the rental unit was advertised and rented to another family within two months of their vacating.
Arguments and Actions
Landlord
Actions
Attempted to increase rent to $2,000, threatened to give 60-days notice
Procedural Errors
Served N12 notice in bad faith, did not attend hearing
Aggravating Factors
Attempted illegal rent increase, served bad faith N12 notice, refused to provide compensation
Tenant
Arguments
N12 notice was served in bad faith, unit was rented to another family within two months
Actions
Tenants moved out before termination date, refused illegal rent increase
Decision Summary
Landlord must pay Tenants $11,289.00 by July 16, 2024, which includes rent differential, moving expenses, general damages, and application filing cost for serving an N12 notice in bad faith.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$1,104
Application Fee
$53
Damages
$3,000
Other Owed Amount
$6,636
Rent differential for one year
Total Owing
$11,289 (Owed to Tenant)
Source
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