Tenant Wins Bad Faith Eviction Case: Swan v Hedayati 2023
Landlord ordered to pay $12560 to tenant for bad faith N12 notice in Newmarket
Summarized by RentZenLast updated: September 12, 2024
Case Summary
746 Leslie Valley Drive, Newmarket, ON L3Y7J3
Decision in favor of
tenant
Balance Owed to Tenant
$12,560
Dispute Categories
Notices Sent
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Timeline
Hearing Date
Jun 2023
Order Date
Sep 8, 2023
Dispute Summary
The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 notice of termination, stating the Landlord's spouse required the rental unit for personal use. However, the evidence showed the rental unit was listed on Airbnb for short-term rentals after the Tenant vacated, and the Landlord's spouse did not move into the unit.
Determinations
- Landlord served N12 notice of termination
- Tenant vacated unit due to N12 notice
- Landlord's spouse did not move into unit
- Rental unit listed on Airbnb for short-term rentals
- Landlord served N12 notice in bad faith
Case Study
The Tenant proved the Landlord served the N12 notice in bad faith, as the rental unit was used for short-term rentals instead of the Landlord's spouse moving in. The Landlord did not meet the burden of proof to show the notice was served in good faith.
Arguments and Actions
Landlord
Actions
Landlord testified that her and her husband were splitting up, and that's why he needed possession of the rental unit. She was unaware he was using the unit for short-term rentals on Airbnb.
Tenant
Actions
Tenant vacated the rental unit due to receiving the N12 notice.
Decision Summary
The Landlord served the N12 notice in bad faith, as the rental unit was used for short-term rentals instead of the Landlord's spouse moving in. The Tenant is entitled to $8,508 for increased rent, $2,999.30 for moving expenses, $1,000 in general compensation, and $53 for the application fee, for a total of $12,560.30 to be paid by the Landlord.
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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Financial Details
Application Fee
$53
Total Owing
$12,560 (Owed to Tenant)
Source
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