Ciampaglia v George

Tenant wins · East York · 2022-02-02

Adjudicator

Robert Patchett

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

M.G.

Tenant

D.C., H.C.

Landlord rep

Emilio Vaiano

Tenant rep

T Sivapatham

What happened

Tenants applied for an order that the Landlord gave a notice of termination in bad faith. The Landlord served a N12 notice to terminate the tenancy on the basis that the rental unit had been sold and the purchasers intended to reside in the unit. However, the sale fell through, and the Landlord subsequently re-listed and sold the property in February 2020.

The ruling

The Landlord served a N12 notice in bad faith, as the sale did not close as advised in the notice, and the Landlord subsequently re-listed and sold the property. The Tenants are entitled to $9,364.80 in increased rent and $215.20 in moving expenses, for a total of $9,630.00 to be paid by the Landlord by February 13, 2022. If the Landlord does not pay the full amount by the due date, they will owe simple interest at 2.00% annually on the outstanding balance.