PANG v KHAN - Landlord Ordered to Pay Tenants $3406 for Bad Faith Eviction
Tenants awarded $3406 after Landlord and Purchaser found to have acted in bad faith with N12 notice
Summarized by RentZenLast updated: November 3, 2024
Case Summary
Unit ****, 70 Temperance Street, Toronto, ON M5H0B1
Decision in favor of
tenant
Balance Owed to Tenant
$3,406
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
Jun 2022
Hearing Date
Apr 2024
Order Date
Jun 4, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice claiming the Purchaser required vacant possession for residential occupation. However, the Tenants alleged the unit was listed for rent shortly after they vacated, indicating the Purchaser did not move in.
Determinations
- Landlord served valid N12 notice
- Tenants vacated unit as a result of N12 notice
- Purchaser did not move into unit
- Purchaser acted in bad faith
Decision Summary
The Tenant proved the Landlord served an N12 notice in bad faith, as the Purchaser did not move into the unit and instead listed it for rent shortly after the Tenants vacated. The Purchaser must pay the Tenant $3,405.70 for rent differential and moving expenses.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$2,630
Application Fee
$53
Total Owing
$3,406 (Owed to Tenant)
Source
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