Tenants Win Bad Faith Eviction Case: Russell v Sud 2024
Landlord ordered to pay $8033 to tenants after serving N12 notice in bad faith in North York
Summarized by RentZenLast updated: November 3, 2024
Case Summary
16 Hove St, North York, ON M3H4Y7
Decision in favor of
tenant
Balance Owed to Tenant
$8,033
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2023
Application Date
Sep 2023
Hearing Date
May 2024
Order Date
Jul 2, 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 Landlord required vacant possession of the rental unit for residential occupation for a period of at least one year, but the Landlord did not move into the unit and instead listed it for lease.
Determinations
- Landlord served N12 notice
- Tenants vacated the unit as a result of the N12 notice
- Landlord did not move into the unit
- Landlord listed the unit for lease shortly after Tenants vacated
- Landlord failed to rebut the presumption of bad faith
Arguments and Actions
Landlord
Arguments
Landlord denied serving the N12 notice in bad faith.
Actions
Landlord testified he never moved into the unit but instead rented it to his mother's caregiver.
Tenant
Actions
Tenants vacated the unit on September 2, 2023 after receiving the N12 notice from the Landlord.
Decision Summary
The Landlord must pay the Tenants $8,032.70, which includes $7,778.70 for increased rent the Tenants incurred for 9 months, $206.00 for moving and storage expenses, and $48.00 for the application fee. The Landlord served the N12 notice in bad faith as the Landlord did not move into the unit and instead listed it for lease shortly after the Tenants vacated.
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
$1,710
Application Fee
$48
Total Owing
$8,033 (Owed to Tenant)
Source
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