Tenant's Bad Faith Eviction Claim Dismissed: Mason v Karunaratnarajah 2024
Tenant's bad faith eviction claim dismissed as she moved for New York job, not due to landlord's N12 notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
3507 Peter Street, Toronto, ON M5V0G6
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2023
Hearing Date
Aug 2024
Order Date
Aug 29, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith after serving an N12 Notice claiming personal use of the rental unit.
Determinations
- Tenant did not prove vacating was due to N12 Notice
- Tenant moved for new job in New York
- Landlord did not actually move into unit
- Landlord listed unit for rent within one year
Case Study
The Tenant must prove on balance of probabilities that the Landlord served the N12 notice in bad faith and that the Tenant vacated specifically because of the N12 notice.
Arguments and Actions
Landlord
Arguments
Landlord argued Tenant moved for new job, not because of N12 Notice
Actions
Landlord claimed she needed to move back due to health condition and work proximity
Tenant
Arguments
Tenant argued she vacated because of the N12 Notice and felt unsafe staying in the unit
Actions
Tenant started looking for work after N12 Notice, accepted job in New York, and moved out on April 23, 2023
Decision Summary
Tenant's application dismissed as she did not prove she vacated the rental unit specifically because of the N12 Notice. The Tenant moved for a new job in New York, not due to the landlord's notice.
Adjudicator Details
LTB Member
Total Orders
266
Landlord Favorable
91.3%
Tenant Favorable
4.5%
Mutual Agreement
4.1%
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