Longboat v Kantoor: Tenants Win Bad Faith Eviction Case
Tenants awarded $5820 after landlord served N12 notice in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
1007 Beach Blvd, Hamilton, ON L8H6Z8
Decision in favor of
tenant
Balance Owed to Tenants
$5,821
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Feb 2024
Order Date
Mar 27, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord did not move into the unit within a reasonable time after the Tenants vacated, and instead listed the unit for rent.
Determinations
- Landlord served N12 notice
- Tenants vacated due to N12 notice
- No person referred to in subsection 48(1) occupied the unit within a reasonable time
- Landlord failed to rebut presumption of bad faith under section 57(5)
Arguments and Actions
Landlord
Arguments
Landlord's spouse claimed he intended to renovate the unit before moving in, but experienced delays due to COVID-19.
Actions
Landlord's spouse, Dennis Khanna, listed the rental unit for rent in August 2020, two months after the Tenants moved out.
Procedural Errors
Landlord was represented at the hearing but failed to advise the Board of their good faith in giving the N12 notice.
Tenant
Actions
Tenants vacated the rental unit as a result of the N12 notice of termination.
Decision Summary
The Tenants proved the Landlord served the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act. The Landlord must pay the Tenants $5,820.51 for general compensation and moving expenses.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Application Fee
$53
Total Owing
$5,821 (Owed to Tenants)
Source
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