Brittany v Okafor

Landlord wins · Hamilton · 2023-07-28

Adjudicator

Dana Wren

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

N.G.O.

Tenant

S.B., Z.D.S.

Tenant rep

Cindy Coon

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, but the Tenants alleged the Landlord did not move into the rental unit.

The ruling

The Tenants' application is dismissed. The Landlord successfully rebutted the presumption of bad faith under section 57(5) of the Act, as he moved into the rental unit even though he does not stay there consistently.