Park and Cho v Wang and Wu

Landlord wins · Markham · 2022-02-28

Adjudicator

Laura Hartslief

Dispute

Bad faith eviction

Notice

Personal use (N12)

Landlord

D.W., S.W.

Tenant

S.H.P., E.Y.C.

Landlord rep

Qiu Ling Yang

What happened

Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with a notice of termination under section 48 of the Residential Tenancies Act, 2006, and the Tenants vacated the rental unit. The Landlords then listed the rental unit for lease and re-rented it shortly after. The central issue was whether the Landlords genuinely intended to move into the rental unit when they served the notice of termination.

The ruling

The Tenants' application was dismissed. The Landlords were able to rebut the presumption of bad faith in serving the notice of termination.