Pedro v Gadea

Tenant wins · Toronto · 2022-02-09

Adjudicator

Debbie Mosaheb

Dispute

Bad faith eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

P.G.

Tenant

C.P., E.S.

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 Landlord's own use, and the Tenants vacated the unit. However, the Landlord later listed the unit for rent, triggering a presumption of bad faith under the Residential Tenancies Act.

The ruling

The Board found that the Landlord served the N12 notice in bad faith, as the Landlord later listed the unit for rent. The Tenants are entitled to an order for rent differential for a one-year period in the amount of $10,800, as well as the $50 application filing fee.