Tenant Wins Bad Faith Eviction Case: Portillo v Amayev 2024
Tenant wins $11296 after landlord's bad faith N12 personal use notice in Aurora rental dispute
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 300 Alex Gardner Circle, Aurora, ON L4G3G5
Decision in favor of
tenant
Balance Owed to Tenant
$11,296
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Mar 2022
Application Date
Sep 2022
Hearing Date
Apr 2024
Order Date
Jul 11, 2024
Dispute Summary
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith by serving an N12 notice for personal use, when the Landlord did not genuinely intend to occupy the unit.
Determinations
- N12 notice served on February 15, 2022
- Tenant vacated on March 31, 2022
- Unit listed for rent after tenant's move-out
- Landlord's occupation was temporary and not permanent
- Bad faith eviction proven
Case Study
Tenant proved bad faith eviction by demonstrating Landlord listed unit for rent shortly after serving N12 notice and did not genuinely occupy the unit.
Arguments and Actions
Landlord
Arguments
Attempted to justify N12 notice as genuine personal use
Actions
Claimed intention to move in, but unit remained largely vacant
Procedural Errors
Serving defective N12 notice
Aggravating Factors
Serving N12 notice in bad faith, listing unit for rent immediately after eviction
Tenant
Arguments
N12 notice was served in bad faith, as Landlord did not genuinely intend to occupy the unit
Actions
Tenant researched new places, considered children's needs, and documented property listing after move-out
Decision Summary
Landlord must pay Tenant $11,296.00 by July 22, 2024, including $10,000 rent abatement and $1,243 moving expenses, for serving N12 notice in bad faith.
Reason for Eviction Relief
Bad faith N12 notice
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$2,300
Application Fee
$53
Other Owed Amount
$11,296
Rent abatement and moving expenses
Total Owing
$11,296 (Owed to Tenant)
Source
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