Cargill v Sheikh

Tenant wins · Brampton · 2024-04-11

Adjudicator

Paul Sommerville

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

Z.S.

Tenant

C.C.

Tenant rep

Mr. Bowers

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Tenant vacated the rental unit in response to the N12 notice, but the Landlord did not move in their son as stated in the notice, and instead advertised the unit for rent shortly after the Tenant's departure.

The ruling

The Tenant proved the Landlord served an N12 notice in bad faith, as the Landlord did not move in their son as stated and instead advertised the unit for rent shortly after the Tenant vacated. The Landlord must pay the Tenant $11,869, including $416 for rent abatement, $8,400 for rent differential, and $3,000 in general damages.