Tenants Win Bad Faith Eviction Case: WITTHOEFT v TRELEAVEN 2024
Tenants awarded $5203 after landlords issued N12 notice in bad faith in Burlington
Summarized by RentZenLast updated: November 3, 2024
Case Summary
1311 Walkers Line, Burlington, ON L7M4N7
Decision in favor of
tenant
Balance Owed to Tenant
$5,203
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Timeline
Tenancy End Date
Feb 2022
Application Date
May 2022
Hearing Date
Apr 2024
Order Date
Jun 5, 2024
Dispute Summary
Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice claiming the purchaser of the rental unit required vacant possession for residential occupation, but the Tenants alleged the unit was listed for sale shortly after they vacated, indicating the notice was served in bad faith.
Determinations
- Landlord served valid N12 notice
- Tenants vacated the unit as a result of the N12 notice
- Purchaser did not move into the unit within a reasonable time
- Landlord served the N12 notice in bad faith
Arguments and Actions
Tenant
Actions
Tenants vacated the rental unit on February 28, 2022 after receiving the N12 notice from the Landlord.
Decision Summary
The Tenant proved the Landlord served the N12 notice in bad faith, as the rental unit was listed for sale shortly after the Tenants vacated and the purchaser did not move in within a reasonable time. The Landlord must pay the Tenant $5,203 for rent differential and moving/storage expenses.
Adjudicator Details
LTB Member
Total Orders
226
Landlord Favorable
96.0%
Tenant Favorable
3.1%
Mutual Agreement
0.9%
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Financial Details
Lawful Rent
$2,400
Application Fee
$53
Total Owing
$5,203 (Owed to Tenant)
Source
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