S.L. and B.B. v A.M.

Landlord wins

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

A.

Tenant

S., B.

Tenant rep

M.S.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord had served an N12 Notice of Termination stating he wanted the rental unit for residential purposes. The Tenants moved out, but later saw online ads for the unit being rented at a higher price. They believed the Landlord gave the notice to make repairs and rent the unit for more money.

The ruling

The Tenants' application was dismissed. The Board found insufficient evidence to prove that the Landlord gave the N12 Notice of Termination in bad faith. The Landlord moved into the rental unit within a reasonable time after the tenancy was terminated and lived there for about eight months before moving out due to a family emergency.