Sanchez v Xu - Tenant Wins Bad Faith Eviction Case
Tenant awarded $12216 after landlord and purchaser acted in bad faith to evict him from Toronto rental unit
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 88 Harbour Street, Toronto, ON M5J0C3
Decision in favor of
tenant
Balance Owed to Tenant
$12,216
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Jun 2021
Application Date
Dec 2022
Hearing Date
Jun 2024
Order Date
Jul 9, 2024
Dispute Summary
The Tenant applied for an order determining that the Vendor Landlord, Zhanhua Xu, and the Purchaser, Joey Ka Yan Lam, gave a notice of termination in bad faith. The Tenant vacated the rental unit after receiving an N12 notice from the Vendor Landlord's realtor, indicating the Purchaser intended to move into the unit. However, the Purchaser later changed her mind about moving in and instead re-listed the unit for rent at a higher rate.
Determinations
- Tenant proved first 3 elements of s. 57(1)(b) test
- Vendor Landlord and Purchaser did not rebut presumption of bad faith
- Vendor Landlord and Purchaser acted in bad faith
Case Study
The Tenant proved the first three elements of the test under section 57(1)(b) of the Residential Tenancies Act, 2006. The onus then shifted to the Vendor Landlord and Purchaser to rebut the presumption that the notice was given in bad faith. The evidence showed that the Purchaser had initially intended to move into the unit, but later changed her mind, and the Vendor Landlord's realtor issued the N12 notice without adequately verifying the Purchaser's intentions. Both the Vendor Landlord and Purchaser were found to have acted in bad faith.
Arguments and Actions
Tenant
Actions
Tenant vacated the rental unit after receiving the N12 notice.
Decision Summary
The Vendor Landlord and Purchaser acted in bad faith in issuing the N12 notice to the Tenant. The Tenant is awarded $12,216 in compensation, including a one-month rent abatement, one year's rent differential, moving expenses, and general damages.
Adjudicator Details
LTB Member
Total Orders
29
Landlord Favorable
72.4%
Tenant Favorable
24.1%
Mutual Agreement
3.5%
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Financial Details
Lawful Rent
$1,900
Application Fee
$53
Total Owing
$12,216 (Owed to Tenant)
Source
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