Arebamen v Chowdhury

Tenant wins · Mississauga · 2025-10-29

Adjudicator

Mark Melchers

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

T.C.

Tenant

E.A.

Landlord rep

Moezzam Alvi

What happened

The Tenant filed an application alleging that the Landlord served an N12 notice of termination for personal use in bad faith. The Tenant moved out in July 2023, but the Landlord's parents never moved into the unit. Instead, the unit was re-rented to a new tenant in August 2023 for a higher rent of $950 per month, compared to the Tenant's rent of $800. The Landlord claimed his parents rejected the unit after seeing it, but the Board found this did not rebut the presumption of bad faith.

The ruling

The Board found the Landlord acted in bad faith regarding the N12 notice. The original order was cancelled and replaced. The Landlord is ordered to pay the Tenant a total of $5,348.00, which includes $4,800.00 for the rent differential (calculated at 50% of the difference between old and new rent for one year), $500.00 in general compensation for distress, and the $48.00 filing fee.