Brisson v Jenkins

Tenant wins · Simcoe · 2023-12-07

Adjudicator

Candace Aboussafy

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

M.J., R.K.

Tenant

C.B.

What happened

The Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served an N12 Notice stating they required possession of the rental unit for their own residential occupation, but the Tenant later discovered the Landlords had rented the unit to a new tenant within a year of the Tenant vacating.

The ruling

The Landlords served the N12 Notice in bad faith, as they did not move into the rental unit and instead rented it to a new tenant within a year. The Tenant is awarded $5,706.66, which includes the difference in rent for one year and the Tenant's reasonable moving expenses, less the $650 already paid to the Tenant.