Landlord Wins Bad Faith Eviction Case: Mcglone v Sothinathan 2024
Landlord wins bad faith eviction case in Guelph as tenant fails to prove landlord did not occupy unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
135 Sanderson Drive, Guelph, ON N1H7K1
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Mar 2024
Order Date
Mar 22, 2024
Dispute Summary
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice indicating that the Landlord, his spouse and their child intended to move into the unit. The Tenants vacated the unit on May 1, 2022.
Determinations
- Tenants vacated unit as a result of N12 notice
- Insufficient evidence that Landlord and family did not occupy unit within reasonable time
- Burden on Tenants to establish Landlord acted in bad faith, which they did not meet
Decision Summary
The application is dismissed. The Tenants did not establish that the Landlord and his family did not occupy the unit within a reasonable time after the Tenants vacated.
Adjudicator Details
LTB Member
Total Orders
140
Landlord Favorable
69.3%
Tenant Favorable
17.9%
Mutual Agreement
12.9%
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