Olmastroni v Nadarajan

Tenant wins · Scarborough · 2021-11-10

Adjudicator

Robert Patchett

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

S.N.

Tenant

M.O., N.D.G.

Landlord rep

Vanathy Sivakumaran

Tenant rep

Nadia Giustina

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 of Termination with a termination date of April 30, 2021, indicating that the Landlord's parent intends to move into the rental unit. The Tenants moved out of the rental unit because of this notice and provided vacant possession to the Landlord as of April 1, 2020. However, the Landlord's parents did not move into the unit in a reasonable amount of time after the Tenants vacated the rental unit.

The ruling

The Landlord gave the notice of termination in bad faith because the Landlord's parents did not move into the unit in a reasonable amount of time after the Tenants vacated the rental unit. The Tenants are entitled to their claim for increased rent for one year, and the Landlord is ordered to pay the Tenants $6,257.00, which includes the increased rent and the cost of filing the application.