Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$12,560
to Tenant
Agree with the ruling?
Citation: Swan v Hedayati, 2023 ONLTB 61688
File Number: LTB-T-006150-23
Hearing Date
Jun 2023
Order Date
Sep 8, 2023
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.
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.
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 vacated the rental unit due to receiving the N12 notice.
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Application Fee
$53
Ordered Amount
$12,560 (to Tenant)
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