Benmoussa v Afzal

Tenant wins · Toronto · 2022-02-23

Adjudicator

Laura Hartslief

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

H.A.A.

Tenant

M.E.K., A.B.

Landlord rep

Ayoun Haroon

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice of termination, and the Tenants vacated the rental unit as a result. However, the Purchaser did not move into the rental unit within a reasonable time after the Tenants vacated.

The ruling

The Tenants' application is granted. The Landlord is ordered to pay the Tenants $4,800 for rent differential for one year, $3,200 for reasonable out-of-pocket expenses for moving and storage, and $50 for the cost of filing the application.