Last updated: March 4, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$5,848
to Tenant
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Citation: McGinn v Kim, 2025 ONLTB 7709
File Number: LTB-T-087844-23
Tenancy End Date
Jul 2023
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Jan 28, 2025
The Tenant proved the Landlords served the N12 notice in bad faith, as the rental unit was listed for sale less than a year after the Tenant vacated. The Landlords failed to rebut the presumption of bad faith. The Landlords must pay the Tenant $5,848 for increased rent and moving expenses.
Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice stating they intended to move into the rental unit, but the unit was listed for sale shortly after the Tenant vacated.
Landlord, JC, told the Tenant the Landlords were 'breaking up' before serving the N12 notice. Landlords listed the property for sale in September 2023, two months after moving in.
Tenant had planned to stay in the rental unit for at least one more year so that her second child could finish her last year of high school in the area.
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Application Fee
$48
Ordered Amount
$5,848 (to Tenant)
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