Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
$8,112
to Tenant
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Citation: Ozsoy v Zhang, 2024 ONLTB 57538
File Number: LTB-T-024537-23
Tenancy End Date
Jan 2023
Application Date
Mar 2023
Hearing Date
Mar 2024
Order Date
Aug 1, 2024
The Tenant proved the Landlord served the N12 notice in bad faith, as the Landlord did not move into the unit and instead re-rented it at a higher rate. The Landlord must pay the Tenant $8,111.96, including $7,263.96 for increased rent and $800 for moving expenses, and a $5,000 administrative fine.
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the Landlord's own use, but the Tenant alleged the Landlord did not move into the unit and instead re-rented it at a higher rate.
Landlord served N12 notice to terminate tenancy for own use, but did not move into unit and instead re-rented it at higher rate.
Tenant moved out of rental unit on January 31, 2023 due to receiving N12 notice.
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Lawful Rent
$1,895
Application Fee
$48
Administrative Fine Payable to LTB
$5,000
Ordered Amount
$8,112 (to Tenant)
Fine Payable By: Landlord
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