Last updated: September 12, 2024
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
-
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Citation: Zhang v Cerundolo, 2023 ONLTB 55922
File Number: LTB-T-007626-23
Application Date
Sep 2022
Hearing Date
Jul 2023
Order Date
Aug 16, 2023
The Tenant's application is dismissed. The Tenants did not prove the Landlord served the N12 notice in bad faith or that they vacated the rental unit pursuant to that notice.
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice on March 1, 2021 with a termination date of July 16, 2021, alleging that the Landlord's child required the rental unit for personal use. The Tenants did not vacate by the termination date, and the Landlord did not file an L2 application to terminate the tenancy. The Tenants vacated on October 4, 2021, and the rental unit has been vacant since then.
Landlord testified she found an alternate rental unit for her daughter because Tenants did not vacate by the N12 notice termination date. Rental unit has been vacant since Tenants vacated due to damages caused by Tenants.
Tenants advised Landlord they would not be vacating by the termination date in the N12 notice.
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