Anderson v Tse

Tenant wins · Hamilton · 2024-02-20

Adjudicator

Vinuri Sivalingam

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

K.K.T.

Tenant

M.A., R.C.

Tenant rep

Joseph Kazubek

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 personal use, and the Tenants vacated the rental unit. However, the Tenants alleged that the Landlord did not occupy the unit after they moved out and instead sold the property, indicating the N12 notice was served in bad faith.

The ruling

The Landlord must pay the Tenants $12,288.53, which includes $6,720 for the rent differential for 12 months, $5,515.53 for moving and storage expenses, and $53 for the application filing fee. The Landlord served the N12 notice in bad faith as the rental unit remained vacant for a year after the Tenants moved out and the property was subsequently sold.