Khambiye v SLS Management

Tenant wins · Burlington · 2021-10-26

Adjudicator

Nicola Mulima

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

SLS Management, M.M.

Tenant

A.K., A.K., D.K., N.K., A.K.

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 Notice of Termination stating that the Landlord required possession of the rental unit for the purposes of residential occupation by his son. The Tenants vacated the rental unit as a result of the N12 notice, but the Landlord's son did not move into the rental unit within a reasonable period of time and the unit was re-rented to a new tenant.

The ruling

The Landlords are ordered to pay an administrative fine of $500 to the Landlord and Tenant Board and $53 to the Tenants for the cost of filing the application, by November 9, 2021. If the Landlords do not pay the full amounts by November 9, 2021, they will owe interest at 2% annually on the outstanding balance.