Benson v Lassel

Landlord wins · Kitchener · 2022-02-24

Adjudicator

Jagger Benham

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

C.L.

Tenant

H.B.

What happened

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 allow the Landlord's parents to move into the rental unit. The Tenant vacated the unit in August 2020, but the Landlord's parents did not end up moving in as planned.

The ruling

The Tenant's application was dismissed. The Landlord's evidence was found to be credible and reliable in explaining why her parents did not end up moving into the unit as planned. The delay in the parents moving in was reasonable given the need for renovations and the impact of the COVID-19 pandemic. The Landlord's actions were found to be in good faith.