Molloy v Federico

Tenant wins · Point Edward · 2020-11-10

Adjudicator

Laura Hartslief

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

G.F.

Tenant

C.M.

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. Landlord served an N12 notice claiming he required possession for his son, but neither the Landlord nor his son moved into the unit. Instead, the Landlord advertised the unit for rent shortly after the Tenant moved out.

The ruling

The Landlord served a notice of termination in bad faith, as neither the Landlord nor his son moved into the unit after the Tenant vacated. Instead, the Landlord advertised the unit for rent shortly after the Tenant moved out. The Tenant is entitled to $820 for the increased rent he paid for 2 months after moving out, and $1,850 for moving and storage costs. The Landlord must pay the Tenant a total of $2,720 by November 21, 2020.