Burke v Duszynski
Tenant wins · London · 2024-03-26
- Adjudicator
- Lisa Del Vecchio
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- M.D., S.D.
- Tenant
- D.B.
- Landlord rep
- D. Price
- Tenant rep
- T. Moberley
What happened
Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 Notice to terminate the tenancy for the purpose of the purchaser's own use. The Tenant vacated the rental unit as a result of the N12 Notice, but the purchaser did not move into the unit and instead leased it to another tenant.
The ruling
The Tenant proved the Landlords served the N12 Notice in bad faith, as the purchaser did not move into the unit after the Tenant vacated. The Landlords must pay the Tenant $11,285.84, which includes $1,612.84 for moving expenses, $9,620 for general damages, and $53 for the application fee.