Kara-Bibar v Al-Dulaimi

Tenant wins · Toronto · 2022-01-26

Adjudicator

Daniel Berube

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

A.A.

Tenant

M.K.

Tenant rep

Michael Pilieci

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with a notice of termination under section 48 of the Residential Tenancies Act, 2006 for the Landlord's own use, but the Landlord did not move into the rental unit after the Tenant vacated.

The ruling

The Board found that the Landlord served the notice of termination in bad faith and did not genuinely intend to move into the rental unit. The Tenant is awarded $1,884 for rent differential, $200 for moving expenses, and $2,000 for general damages, for a total of $4,137 to be paid by the Landlord to the Tenant.