SL v AD and FG

Landlord wins · 2014-11-06

Dispute

Bad Faith Eviction

Notice

Landlord's Own Use (N12)

Landlord

A., F.

Tenant

S.

Landlord rep

DL

What happened

The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords acquired the property, a triplex, on September 30, 2013. The Tenant occupied the upper two-bedroom unit, while the main floor and basement units were vacated by the previous tenants within two months of the acquisition. The Landlords commenced renovation work on the basement units and gave the Tenant a written notice on October 1, 2013 advising him about upcoming repair work and a rent increase effective February 1, 2014. The Tenant argued the proposed rent increase was contrary to the Residential Tenancies Act, 2006. The Landlords later served the Tenant with a Notice to Terminate a Tenancy at the End of a Term for Landlord's Own Use (Form N12) on December 17, 2014 with a termination date of February 28, 2014. The Tenant moved out on January 7, 2014, although he was aware of his right to stay in the unit until the Landlords applied to the Landlord and Tenant Board for termination of the tenancy.

The ruling

The Tenant's application is dismissed. The Landlords did not give the notice in bad faith.