Mina v Selmani - Landlord Ordered to Pay Tenants $6559 for Bad Faith Eviction
Landlord ordered to pay tenants over $6500 and $1000 fine for serving N12 notice in bad faith
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 5255 Palmetto Place, Mississauga, ON L5M0H2
Decision in favor of
tenant
Balance Owed to Tenants
$6,559
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Apr 2022
Application Date
Dec 2022
Hearing Date
Jan 2024
Order Date
Jun 26, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice to terminate the tenancy for the Landlord's own use, but the Landlord did not move into the unit and instead rented it out.
Determinations
- Landlord served valid N12 notice
- Tenants vacated the rental unit
- Landlord did not move into the unit
- Landlord listed the unit for rent shortly after Tenants vacated
Arguments and Actions
Landlord
Actions
Landlord claimed she needed to move into the unit for health reasons, but later changed her mind and rented out the unit instead.
Tenant
Actions
Tenants vacated the rental unit on April 30, 2022 as a result of the Landlord's N12 notice.
Decision Summary
The Tenants proved that the Landlord served the N12 notice in bad faith, as the Landlord did not move into the unit and instead rented it out shortly after the Tenants vacated. The Landlord must pay the Tenants $6,558.95, including $6,000 in general compensation and $505.95 for moving expenses. The Landlord must also pay the Board a $1,000 administrative fine.
Adjudicator Details
LTB Member
Total Orders
244
Landlord Favorable
93.4%
Tenant Favorable
3.3%
Mutual Agreement
3.3%
Need assistance from an expert?
Sponsored
Financial Details
Application Fee
$53
Administrative Fine Payable to LTB
$1,000
Total Owing
$6,559 (Owed to Tenants)
Fine Payable By: Landlord
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.