Karall v Goo

Landlord wins · Oakville · 2021-03-16

Adjudicator

Diane Wade

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

J.G.

Tenant

C.K.

Landlord rep

Sara Ghasemi

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant a N12 notice of termination for the Landlord's own use of the rental unit, and the Tenant vacated the unit. The Landlord did not end up moving into the unit.

The ruling

The Tenant's application is dismissed. The Landlord rebutted the presumption of bad faith in serving the N12 notice, as he had a genuine intention to move into the rental unit at the time, even though circumstances changed later.