Marchello v Buchwitz - Tenants Win Bad Faith Eviction Case
Tenants awarded $10853 after Landlord served N12 notice in bad faith, failed to have purchaser move in
Summarized by RentZenLast updated: November 3, 2024
Case Summary
162 28 Stadium Road, Toronto, ON M5V3P4
Decision in favor of
tenant
Balance Owed to Tenant
$10,853
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Nov 2022
Application Date
May 2023
Hearing Date
May 2024
Order Date
Jun 24, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice for the Purchaser's own use, but the Purchaser did not move into the unit within a reasonable time after the Tenant vacated.
Determinations
- Landlord served N12 notice
- Tenant vacated as a result of N12 notice
- Purchaser did not occupy unit within reasonable time
- Landlord acted in bad faith in serving N12 notice and inducing Tenant to vacate
Case Study
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord served the N12 notice in bad faith, as the Purchaser did not move into the unit within a reasonable time, and the Landlord induced the Tenant to vacate by promising additional compensation which was not paid.
Arguments and Actions
Landlord
Actions
Landlord served the N12 notice indicating the Purchaser will occupy the rental unit, but the Purchaser did not move in. Landlord acknowledged she checked the incorrect box on the N12 and should have listed the Purchaser's parent as the proposed occupant.
Tenant
Actions
Tenant vacated the rental unit on November 26, 2022 due to the N12 notice served by the Landlord on September 24, 2022 with a termination date of November 30, 2022. The Landlord induced the Tenant to vacate by November 30, 2022 by offering additional compensation, which was not paid.
Decision Summary
The Landlord must pay the Tenant $10,853.00 by July 5, 2024 for rent differential and the cost of filing the application, as the Landlord served the N12 notice in bad faith.
Adjudicator Details
LTB Member
Total Orders
96
Landlord Favorable
90.6%
Tenant Favorable
7.3%
Mutual Agreement
2.1%
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Financial Details
Lawful Rent
$1,875
Application Fee
$53
Total Owing
$10,853 (Owed to Tenant)
Source
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