Tenant Wins Bad Faith Eviction Case: PORTER v RAMANI (CHANDIRAMANI) 2023
Landlord ordered to pay tenant $9644 for bad faith N12 notice in Oakville rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
2468 Rideau Drive, Oakville, ON L6H7R1
Decision in favor of
tenant
Balance Owed to Tenant
$9,644
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Apr 2021
Hearing Date
Sep 2023
Order Date
Oct 30, 2023
Dispute Summary
The Tenant brought a T5 application claiming the Landlord gave her an N12 notice of termination in bad faith. The Tenant seeks the payment of general compensation, rent differential, and expenses related to moving.
Determinations
- Tenant brought T5 application claiming Landlord gave N12 notice in bad faith
- Tenant vacated unit on April 12, 2021 due to N12 notice
- Landlord's mother did not occupy unit within reasonable time after Tenant vacated
Case Study
The Tenant has proven, on a balance of probabilities, that the notice of termination was given in bad faith. The Landlord's proposed temporary and intermittent use of the rental unit does not satisfy the "residential occupation" requirement of section 48 of the Residential Tenancies Act, 2006.
Arguments and Actions
Landlord
Arguments
Landlord submitted that there was no law requiring his mother to live in the unit every day of the month and that because his mother is technically the owner of the house, she can come and go as she pleases.
Actions
Landlord testified that his mother was residing with his sister but his sister could no longer care for her full-time, so he and his sister started sharing the responsibility of caring for their mother. Landlord testified that he brings his mother to the unit when they return from errands and medical appointments.
Tenant
Actions
Tenant vacated unit on April 12, 2021 due to N12 notice. Tenant contacted neighbors who said they did not see Landlord's mother living in the unit.
Decision Summary
The Tenant has proven that the Landlord served the N12 notice in bad faith. The Landlord is ordered to pay the Tenant $9,644.37, which includes $7,800 for rent differential, $1,391.37 for moving expenses, and $400 for lost wages.
Adjudicator Details
LTB Member
Total Orders
71
Landlord Favorable
80.3%
Tenant Favorable
11.3%
Mutual Agreement
8.4%
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Financial Details
Application Fee
$53
Other Owed Amount
$7,800
Rent differential for 1 year
Total Owing
$9,644 (Owed to Tenant)
Source
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