Iannalfo v Baytree Property Management Inc.
Tenant wins · Toronto · 2021-10-27
- Adjudicator
- Terri van Huisstede
- Dispute
- Maintenance
- Notice
- Bad faith eviction (N12)
- Amount
- $5-10K
- Landlord
- Baytree Property Management Inc., R.E.C., Y.C.Y.
- Tenant
- D.I., J.K.
- Landlord rep
- Ryehang Eli Choi, Yeonghwan Chris Yang
- Tenant rep
- Delia Iannalfo, Jamal Kara
What happened
Tenants applied for an order determining that the Landlords failed to meet their maintenance obligations or comply with health, safety, housing or maintenance standards. The Landlords served the Tenants with a notice of termination under s.48 of the Act, stating their son intended to reside in the unit. The Tenants vacated the unit as a result, but the Landlords listed the unit for rent shortly after and entered into a new tenancy agreement.
The ruling
The Landlords served the N12 notice in bad faith, as they listed the unit for rent and entered a new tenancy agreement shortly after the Tenants vacated. The Landlords are ordered to pay the Tenants the difference in rent for 12 months ($6,552) and the Tenants' moving expenses ($606.30), for a total of $7,208.30.