Mohan v Mann - Landlord Ordered to Pay $15388 for Bad Faith Eviction
Oakville landlord ordered to pay tenant $15388 for bad faith eviction and failure to occupy rental unit
Summarized by RentZenLast updated: October 13, 2024
Case Summary
2064 Barnboard Hollow, Oakville, ON L6M0C7
Decision in favor of
tenant
Balance Owed to Tenant
$15,388
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jul 2023
Hearing Date
Aug 2024
Order Date
Aug 30, 2024
Dispute Summary
Tenant applied for an order determining that the Landlords collected or retained money illegally, and gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for personal use, but the Tenant alleged the Landlords did not move into the rental unit within a reasonable time after the Tenant vacated.
Determinations
- Landlord failed to provide compensation for N12 notice
- Landlord did not move into rental unit within reasonable time
- Landlord re-rented the unit in March 2023
Arguments and Actions
Landlord
Arguments
Landlord argued that he and his son did move into the rental unit, and that he re-rented the unit after reconciling with his wife and no longer needing the unit.
Actions
Landlord claimed he and his son moved into the rental unit on the first Saturday of September 2022, but could not provide an exact date. Landlord stated he was having marital problems and needed to move out of the matrimonial home.
Tenant
Arguments
Tenant argued that the Landlord did not move into the rental unit within a reasonable time after the Tenant vacated.
Actions
Tenant moved out on or about August 31, 2022 after receiving the N12 notice.
Decision Summary
The Landlord failed to provide the required compensation when serving the N12 notice, and did not move into the rental unit within a reasonable time after the Tenant vacated. Therefore, the Landlord must pay the Tenant $15,388, which includes $13,680 for rent differential, $1,660 for the compensation owing, and $48 for the application fee.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$1,660
Application Fee
$48
Total Owing
$15,388 (Owed to Tenant)
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.