Sadeghi v Talebi

Landlord wins · North York · 2021-08-18

Adjudicator

Douglas Wilkins

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

R.T.

Tenant

R.S., N.F.

Landlord rep

Clive Preddie

Tenant rep

Roham Sadeghi

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord had previously given the Tenants an N12 Notice of Termination, asserting that the Landlord in good faith required the rental unit for the purposes of residential occupation for a period of at least 1-year. The Landlord subsequently sold the rental unit after the Tenants vacated.

The ruling

The Tenants' application is dismissed. The Landlord rebutted the presumption of bad faith on the balance of probabilities.