Black v Xue
Tenant wins · Toronto · 2024-08-02
- Adjudicator
- Tiffany Ticky
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- Y.X.
- Tenant
- K.B.
- Landlord rep
- L. Gershuny
What happened
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the purpose of the Landlord's daughter moving in, but the Landlord's daughter did not occupy the rental unit for at least one year as required by the Act.
The ruling
The Tenant proved the Landlord served the N12 notice in bad faith, as the Landlord's child did not occupy the rental unit for at least one year as required. The Landlord must pay the Tenant $6,797 for the increased rent the Tenant has incurred for one year.