Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$9,644
to Tenant
Agree with the ruling?
Application Date
Apr 2021
Hearing Date
Sep 2023
Order Date
Oct 30, 2023
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.
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.
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.
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 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.
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Application Fee
$53
Other Amount
$7,800
Rent differential for 1 year
Ordered Amount
$9,644 (to Tenant)
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