Tenants Win Bad Faith Eviction Case: Patel v Kang 2024
Brampton tenants awarded $5053 after landlord serves bad faith N12 eviction notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
30 Cobblehill Crescent, Brampton, ON L6P2M7
Decision in favor of
tenant
Balance Owed to Tenant
$5,053
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Sep 2023
Hearing Date
Aug 2024
Order Date
Aug 30, 2024
Dispute Summary
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice claiming personal use, but the Board found the notice was served in bad faith.
Determinations
- Landlord served N12 notice
- Tenants vacated rental unit
- Landlord rented unit to new tenants within one year
- N12 notice served in bad faith
Case Study
The Board found that the Landlord did not meet the burden of proving good faith in serving the N12 notice, considering the Landlord's initial complaints about additional occupants and the change in circumstances after serving the notice.
Arguments and Actions
Landlord
Actions
Complained about additional occupants, served N12 notice claiming personal use
Aggravating Factors
Served N12 notice in bad faith, refused maintenance, constantly nagged tenants to leave
Tenant
Arguments
Landlord has no right to increase rent or terminate tenancy due to additional occupants
Actions
Tenants had mother-in-law and sister-in-law visit, offered to pay extra utilities
Decision Summary
The Landlord must pay the Tenant $5,053.00 for bad faith eviction, including rent differential, moving expenses, and general compensation.
Adjudicator Details
LTB Member
Total Orders
20
Landlord Favorable
10.0%
Tenant Favorable
85.0%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$1,450
Application Fee
$53
Total Owing
$5,053 (Owed to Tenant)
Source
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