Landlord Wins Bad Faith Eviction Case: Montenegro v Mandic 2024
Tenant's bad faith eviction claim dismissed due to landlord's genuine family care intentions
Summarized by RentZenLast updated: November 14, 2024
Case Summary
74 Orchid Cres, Kitchener, ON N2E3N4
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Aug 2022
Hearing Date
Aug 2024
Order Date
Sep 4, 2024
Dispute Summary
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith after being served an N12 notice for personal use by the Landlord's mother.
Determinations
- Tenant did not prove allegations
- Landlord genuinely intended to move mother into unit
- Plans changed due to mother's health
- Listing unit for rent does not automatically prove bad faith
Arguments and Actions
Landlord
Actions
Landlord's mother's health deteriorated, requiring long-term care
Tenant
Actions
Tenant vacated rental unit on July 1, 2022, as a result of N12 notice
Decision Summary
Tenant's application for bad faith eviction dismissed. Landlord proved genuine intention to move mother into unit, and plans changed due to unforeseen health circumstances.
Adjudicator Details
LTB Member
Total Orders
76
Landlord Favorable
86.8%
Tenant Favorable
11.8%
Mutual Agreement
1.3%
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