Foster v Sivasubramaniam

Tenant wins · Oshawa · 2021-03-24

Adjudicator

Donald MacVicar

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

R.S.

Tenant

B.F., A.F.

What happened

Tenants were evicted from the rental unit based on the Landlord's N12 notice claiming the unit was required for personal use. However, the Landlord did not move into the unit and instead sold it shortly after the termination date. The Tenants filed an application seeking compensation for the increased rent and utility costs they incurred after being forced to vacate the unit.

The ruling

The Landlord is ordered to pay the Tenants $7,248.50, which includes the increased rent and utility costs the Tenants incurred from August 2019 to July 2020 after being forced to vacate the unit, as well as the cost of filing the application. The Landlord must pay the full amount by April 24, 2021, or will owe interest.