STORIE v CLARK - Landlord Ordered to Pay Tenant $5641 for Bad Faith Eviction
Landlord ordered to pay tenant $5641 for bad faith eviction using N12 notice
Summarized by RentZenLast updated: November 3, 2024
Case Summary
3314 Muskoka Street, Washago, ON L0K2B0
Decision in favor of
tenant
Balance Owed to Tenant
$5,641
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Tenancy End Date
Apr 2022
Application Date
Jan 2023
Hearing Date
Apr 2024
Order Date
May 10, 2024
Dispute Summary
Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for the purchaser's own use. The Tenant vacated the rental unit as a result of the N12 notice, but the rental unit was later listed for rent, creating a rebuttable presumption of bad faith.
Determinations
- Tenant served with N12 notice
- Tenant vacated unit due to N12 notice
- No person referred to in s.48(1) occupied unit within reasonable time
- Landlord failed to rebut presumption of bad faith
Arguments and Actions
Landlord
Actions
Landlord served N12 notice for purchaser's own use. Landlord's grandson purchased the property and intended to move in, but later signed a lease for a unit in British Columbia and did not move into the rental unit.
Tenant
Actions
Tenant vacated the rental unit on April 24, 2022 as a result of the N12 notice. Tenant had trouble relocating due to lack of affordable rental units and ended up renting a room from a friend in a different city.
Decision Summary
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord failed to rebut the presumption of bad faith in serving the N12 notice. The Landlord is ordered to pay the Tenant $5,640.59, which includes $587.59 for moving and storage expenses and $5,000 in general compensation.
Adjudicator Details
LTB Member
Total Orders
470
Landlord Favorable
96.2%
Tenant Favorable
3.2%
Mutual Agreement
0.6%
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Financial Details
Lawful Rent
$810
Application Fee
$53
Damages
$5,000
Other Owed Amount
$588
moving and storage expenses
Total Owing
$5,641 (Owed to Tenant)
Source
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