Berry v Clark

Landlord wins · Brantford · 2023-08-29

Adjudicator

Mayra Sawicki

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

J.C., K.R.

Tenant

B.B., E.B.

Landlord rep

C. Boyed

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice for personal use, and the Tenants vacated the rental unit. The Tenants alleged that the Landlords acted in bad faith as they did not believe the Landlord's relationship with his common-law spouse deteriorated, and the Landlords re-rented the basement unit to another tenant 8 months after the Tenants vacated.

The ruling

The Tenants' application is dismissed. The Landlords rebutted the presumption of bad faith in serving the N12 notice, and the Tenants failed to establish that the Landlords acted in bad faith.