Clement v Chu

Landlord wins · Oakville · 2024-08-30

Adjudicator

Kyle Anderson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

L.C., S.C.

Tenant

J.C., D.C.

Landlord rep

Charlotte Wheelband, Nathan Korenberg

Tenant rep

Tisha Alam

What happened

Tenants 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. The Tenants vacated the unit, but the Landlords later re-rented the unit.

The ruling

The Tenant's application is dismissed as they failed to establish that the Landlord gave the N12 notice in bad faith. The Landlord's evidence that they intended to move into the unit but circumstances changed was found credible.