Last updated: October 13, 2024
Ordered by Melissa Anjema,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$12,048
to Tenant
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Citation: Worden v Lu, 2024 ONLTB 13169
File Number: LTB-T-033002-23
Tenancy End Date
May 2022
Hearing Date
Feb 2024
Order Date
Feb 26, 2024
The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant a total of $12,048.00 which represents rent differential for one year and the Tenant's cost to file the application.
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for personal use, and the Tenant vacated the rental unit as a result. However, the Tenant alleged that the Landlord did not move into the unit and instead listed it for rent at a higher rate shortly after the Tenant vacated.
Landlord testified that she lived with her Aunt and Uncle in North York prior to serving the N12 notice, and that she and her husband wanted more privacy and to live together with their children in the rental unit. Landlord also testified that she took time to clean the unit and gradually moved in during July 2022, and that she resided in the rental unit while renovations were being done from July to October 2022.
Tenant vacated the rental unit on May 31, 2022 as a result of the N12 notice.
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Lawful Rent
$1,300
Application Fee
$48
Ordered Amount
$12,048 (to Tenant)
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