Tenant Wins Bad Faith Eviction Case: ZHESTKOV v SYED
Landlord ordered to pay tenant $16352 for serving N12 notice in bad faith in Scarborough rental dispute
Summarized by RentZenLast updated: September 12, 2024
Case Summary
27 Lenthall Avenue, Scarborough, ON M1B2C7
Decision in favor of
tenant
Balance Owed to Tenant
$16,352
Dispute Categories
Notices Sent
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Timeline
Tenancy End Date
Sep 2020
Hearing Date
Oct 2021
Order Date
Aug 18, 2023
Dispute Summary
Tenant applied for an order determining that the Landlord gave a N12 notice in bad faith. The Tenant vacated the rental unit as a result of the N12 notice, but the Landlord then listed the unit for rent shortly after the Tenant moved out.
Determinations
- Landlord served N12 notice
- Tenant vacated as a result of the notice
- Landlord listed unit for rent shortly after Tenant vacated
- Landlord did not provide evidence to rebut presumption of bad faith
Case Study
The Tenant has established that the Landlord served the N12 notice in bad faith, as the Landlord listed the unit for rent shortly after the Tenant vacated, which is presumed to be in bad faith under the Act. The Landlord did not provide sufficient evidence to rebut this presumption.
Arguments and Actions
Landlord
Arguments
Landlord argued that he followed the proper procedures and compensated the Tenant as required.
Actions
Landlord claimed that his son was supposed to move into the unit, but his son changed his mind, and the unit was re-rented in December 2020.
Tenant
Arguments
Tenant argued that the Landlord served the N12 notice in bad faith, as the Landlord listed the unit for rent shortly after the Tenant vacated.
Actions
Tenant vacated the rental unit as a result of the N12 notice served by the Landlord.
Decision Summary
The Landlord served the N12 notice in bad faith, as the Landlord listed the unit for rent shortly after the Tenant vacated. The Tenant is awarded $16,352.21, which includes the rent differential, moving and storage expenses, and a fine to the LTB.
Adjudicator Details
LTB Member
Total Orders
701
Landlord Favorable
94.6%
Tenant Favorable
3.6%
Mutual Agreement
1.9%
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Financial Details
Lawful Rent
$2,200
Administrative Fine Payable to LTB
$10,000
Total Owing
$16,352 (Owed to Tenant)
Fine Payable By: Landlord
Source
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