Folkes v Du Cille-Small

Tenant wins · Oakville · 2022-02-15

Adjudicator

Randy Aulbrook

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

M.D.C.

Tenant

K.F., G.H.

What happened

Tenants applied for an order determining that the Landlord gave an N12 notice of termination in bad faith. The Landlord served the Tenants with an N12 notice to terminate the tenancy for the purpose of residential occupation by the Landlord's child, but the Tenants alleged that the Landlord's child did not move into the rental unit after they vacated.

The ruling

The Landlord shall pay the Tenants $10,200.00 for the increased rent they have incurred, as well as $50.00 for the application fee. The Landlord must pay the full amount owing by February 28, 2022, or they will owe interest at 2.00% annually on the outstanding balance.