MD and FD v EM

Tenant wins · 2019-04-10

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

E.

Tenant

M., F.

Landlord rep

PC

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice to terminate the tenancy because the purchaser, BF-P, intended to move into the rental unit. The Tenants vacated the unit on October 31, 2018, but the purchaser did not move in within a reasonable time.

The ruling

The Tenants' T5 application was granted. The Landlord is ordered to pay the Tenants $1,320 for the difference in rent, $121.20 for moving expenses, and $50 for the application filing fee, for a total of $1,491.20 to be paid by April 20, 2019. If the Landlord does not pay by the due date, interest will accrue at 3% annually.