Tenant Wins Bad Faith Eviction Case: Walsh v Cerovina 2024
Landlord ordered to pay tenant $16553 for bad faith eviction attempt in Barrie
Summarized by RentZenLast updated: November 3, 2024
Case Summary
19 Kenwell Crescent, Barrie, ON L4N0A4
Decision in favor of
tenant
Balance Owed to Tenant
$16,553
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Application Date
May 2023
Hearing Date
May 2024
Order Date
Jul 3, 2024
Dispute Summary
Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord verbally informed the Tenant that the Landlord's daughter would move into the rental unit, and the Tenant vacated as a result. However, the Landlord's daughter did not move in within a reasonable time after the Tenant vacated.
Determinations
- Landlord served verbal notice for personal use under section 48
- Tenant vacated as a result of the notice
- Landlord's daughter did not move in within a reasonable time
- Presumption of bad faith notice not rebutted by Landlord
Case Study
The Landlord breached the Act by failing to give the Tenant a valid notice of termination under section 48 of the Act, but was clearly seeking to evict the Tenant on the ground that the Landlord's daughter would move into the unit. The Tenant vacated the rental unit as a result of a notice served under section 49 of the Act. It is uncontested that the Landlord's daughter did not move into the rental unit within a reasonable amount of time after the Tenant vacated. There is a rebuttable presumption that the notice was served in bad faith, and the Landlord has not rebutted this presumption.
Arguments and Actions
Landlord
Actions
Landlord approached the Tenant on February 26, 2022 and wanted to terminate the tenancy effective May 31, 2022 to allow the Landlord's daughter to move into the rental unit.
Tenant
Actions
Tenant vacated the rental unit on June 1, 2022 after the Landlord asked them to do so.
Decision Summary
The Tenant was able to prove the allegations contained in the application on a balance of probabilities. The Landlord shall pay the Tenant $16,553.00, which includes $16,500.00 for the difference in rent and the application filing fee.
Adjudicator Details
LTB Member
Total Orders
80
Landlord Favorable
86.3%
Tenant Favorable
11.3%
Mutual Agreement
2.5%
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Financial Details
Lawful Rent
$1,575
Application Fee
$53
Damages
$16,500
Total Owing
$16,553 (Owed to Tenant)
Source
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