Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$7,030
to Tenants
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Citation: Nicolas v Bellavia, 2024 ONLTB 77237
File Number: LTB-T-023059-24
Application Date
Jul 2023
Tenancy End Date
Sep 2023
Hearing Date
Oct 2024
Order Date
Oct 18, 2024
The Landlords served an N12 notice to terminate the tenancy for their own use, but the Tenants proved on a balance of probabilities that the notice was given in bad faith as the Landlords did not genuinely intend to move into the rental unit. The Tenants are awarded $7,029.64 for increased rent, moving and storage expenses, and general compensation. The Landlords are also ordered to pay a $5,000 administrative fine.
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice to terminate the tenancy for the Landlord's own use, but the Tenants allege the Landlords did not genuinely intend to move into the rental unit.
Landlords claim they initially intended to move into the rental unit, but changed their mind when they believed the Tenants would not vacate.
Landlords served an N12 notice to terminate the tenancy for their own use, but then listed the rental unit for sale shortly after the Tenants vacated.
Landlords did not genuinely intend to move into the rental unit when they served the N12 notice.
Tenants vacated the rental unit on September 1, 2023.
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Lawful Rent
$2,590
Application Fee
$48
Administrative Fine Payable to LTB
$5,000
Ordered Amount
$7,030 (to Tenants)
Fine Payable By: Landlords
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