Masas-montano v Cosentino

Tenant wins · Toronto · 2021-02-08

Adjudicator

Greg Joy

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

M.C.S.

Tenant

V.M., S.M.

Landlord rep

Francisco Gomez

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenants moved out of the rental unit because the Landlord gave them an N12 notice claiming the Landlord required possession of the rental unit. However, the Landlord did not move into the unit and instead rented it to another family at a higher rent.

The ruling

The Landlord gave the Tenants the N12 notice in bad faith, as the Landlord did not move into the unit and instead rented it to another family at a higher rent. The Landlord is ordered to pay the Tenants $8,954, which includes the difference in rent for one year between the previous and new rental unit, as well as the cost of filing the application.