D.A. v D.N.

Tenant wins · Scarborough

Adjudicator

Sonia Anwar-Ali

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

D.

Tenant

D.

Tenant rep

P.M.

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant moved out of the rental unit after receiving an N12 notice, and the Landlord subsequently advertised the unit for rent.

The ruling

The Landlord served the Tenant a valid N12 notice, the Tenant moved out as a result, and the Landlord subsequently advertised the unit for rent within a year of the Tenant vacating. Therefore, the notice is presumed to have been served in bad faith. The Tenant is awarded $14,723.68, which includes rent differential, moving costs, extra travel expenses, lost wages, and general damages.