Alzayat v Kemeni
Tenant wins · Kitchener · 2024-10-09
- Adjudicator
- Karen Gonçalves
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- P.K.
- Tenant
- A.A.
- Landlord rep
- Timothy Ellis
What happened
Tenant applied for an order determining that the Landlord gave a notice of termination under section 48 (N12 notice) in bad faith. The Tenant vacated the rental unit as a result of the N12 notice, but the Landlord's daughter did not move into the unit within a reasonable time.
The ruling
The Tenant proved the allegations in the application on a balance of probabilities. The Landlord served the N12 notice in bad faith, the Tenant vacated as a result, and the Landlord's daughter did not move into the unit. The Landlord must pay the Tenant $48.00 for the application fee.