Tenants Win Bad Faith Eviction Case: Obrien v Han Thuan 2024
Tenants awarded over $11500 after Landlords served N12 notice in bad faith
Summarized by RentZenLast updated: October 13, 2024
Case Summary
102 Frank Kelly Dr., East Gwillimbury, ON L9N0V3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
Feb 2024
Order Date
Apr 4, 2024
Dispute Summary
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith.
Determinations
- Landlords served valid N12 notice
- Tenants vacated the rental unit
- Landlords' parents did not occupy the rental unit
- Landlords served the N12 notice in bad faith
Arguments and Actions
Landlord
Arguments
Landlords claimed they served the N12 notice in good faith, but their parents' plans changed due to a downturn in the real estate market.
Actions
Landlords served Tenants with an N12 notice stating their parents would occupy the rental unit, but their parents did not end up moving in.
Tenant
Actions
Tenants vacated the rental unit on the termination date of the N12 notice.
Decision Summary
Tenants proved the Landlords served the N12 notice in bad faith. Landlords must pay Tenants $11,572.57 which includes rent differential, moving and storage costs, general compensation, and application filing fee.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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