Martin v Davey
Landlord wins · Coldwater · 2022-08-15
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Landlord
- S.D.
- Tenant
- M.M., J.N.
- Landlord rep
- Stephanie Toomey
- Tenant rep
- Robin MacLeod Crowder
What happened
Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice to terminate the tenancy for the purpose of personal use by the Landlord's parents, whose home had been damaged by a fire. The Tenants alleged the notice was served in bad faith.
The ruling
The Tenants' application was dismissed. The Board found that the Landlord served the N12 notice in good faith, as the evidence showed the Landlord's parents required the rental unit for their own personal use after their home was damaged by a fire.