Marsh v Bodla - Landlord Ordered to Pay Tenant $13641 for Bad Faith Eviction
Landlords ordered to pay tenant $13641 for serving N12 notice in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
24 Arthur Fach Drive, Cambridge, ON N1T2G6
Decision in favor of
tenant
Balance Owed to Tenant
$13,641
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Mar 8, 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 in October 2021, and the Tenant vacated the rental unit in December 2021. The rental unit was listed for sale shortly after the Tenant vacated, and no person specified by section 48 of the Act occupied the rental unit within a reasonable period of 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) of the Act occupied the rental unit within a reasonable time after the Tenant vacated
- Landlords served the N12 notice in bad faith
Case Study
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlords failed to rebut the presumption that they served the N12 notice in bad faith.
Arguments and Actions
Landlord
Actions
Landlords allege that unforeseen circumstances, political turmoil, floods and a bad real estate market in Pakistan resulted in delaying their return to Canada, which in turn led to the Landlords listing the rental for sale and then for lease.
Tenant
Actions
Tenant and his family moved out of the rental unit on December 15, 2021 after receiving the N12 notice.
Decision Summary
The Tenant proved the Landlords served the N12 notice in bad faith. The Landlords must pay the Tenant a total of $13,641.47, which includes a rent abatement, rent differential, and moving costs.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
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Financial Details
Lawful Rent
$1,926
Application Fee
$53
Total Owing
$13,641 (Owed to Tenant)
Source
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