Ciarrochi v Tyler

Tenant wins · Barrie · 2024-09-20

Adjudicator

Nancy Morris

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

R.T., P.M., P.P.K.

Tenant

N.C., C.M.

Landlord rep

A. Safdar

What happened

The Tenants moved out of the rental unit after receiving an N12 notice of termination from the Landlord, Richard Tyler, for the Landlord to sell the property and the purchasers, Pushyaraj Mondtadka and Pavithra Poovappa Kuimundi, to use the unit for their own personal use. The Tenants allege that the N12 notice was served in bad faith as the purchasers did not intend to move into the unit and instead rented it out shortly after the Tenants vacated.

The ruling

The Landlord served the Tenants with an N12 notice of termination in bad faith, as the purchasers did not intend to occupy the rental unit themselves. The Landlord and purchasers are jointly responsible for the bad faith service of the N12 notice. The Tenants are awarded $8,768 in compensation, including the rent differential for 12 months and a rent abatement for the stress and anxiety caused by the bad faith notice.