Tenant Wins Bad Faith Eviction Case: Motta v Patel 2024
Tenant awarded $1920 compensation after Landlord served N12 notice in bad faith
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1708 Humberwood Boulevard, Etobicoke, ON M9W7J5
Decision in favor of
tenant
Balance Owed to Tenant
$1,978
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2022
Hearing Date
Dec 2023
Order Date
Jan 18, 2024
Dispute Summary
The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to vacate the rental unit for the purchaser's own residential occupation, but the Tenant alleged that the rental unit was rented out shortly after she vacated.
Determinations
- Landlord served N12 notice
- Tenant vacated rental unit
- No person referred to in subsection 49(1) or 49(2) occupied the rental unit within a reasonable time after the Tenant vacated
- Landlord served N12 notice in bad faith
Case Study
The Tenant proved on a balance of probabilities that the Landlords served the N12 notice in bad faith, as the rental unit was rented out shortly after the Tenant vacated.
Arguments and Actions
Tenant
Actions
The Tenant vacated the rental unit on January 3, 2020 and rented an apartment in the same building. The Tenant testified that fifteen days after she vacated the rental unit, the rental unit was advertised for rent and shortly thereafter rented for an increased amount of rent.
Decision Summary
The Landlord must pay the Tenant $1,920.00, which represents the difference in rent the Tenant has incurred for a 12-month period as a result of the Landlords' actions. The Landlord must also pay the Tenant $58.00 for the cost of filing the application.
Adjudicator Details
LTB Member
Total Orders
214
Landlord Favorable
98.1%
Tenant Favorable
1.4%
Mutual Agreement
0.5%
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Financial Details
Application Fee
$58
Other Owed Amount
$1,920
Difference in rent for 12-month period
Total Owing
$1,978 (Owed to Tenant)
Source
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