Constante v Tomassi

Tenant wins · Toronto · 2025-07-16

Adjudicator

Benjamin Seigel

Dispute

Personal Use, Retaliatory Eviction

Notice

Personal use (N12)

Landlord

S.C.

Tenant

J.T., Z.C.

Landlord rep

Ze Hao Liu

What happened

The Landlord applied for an order to terminate the tenancy for personal use (N12 notice). The Tenants contested the application, arguing it was a retaliatory measure because they refused an illegal rent increase proposed by the Landlord in February 2023. Additionally, a preliminary issue was raised regarding the Landlord's failure to disclose a previous N12 notice served within the last two years.

The ruling

The Landlord's application to terminate the tenancy for personal use is dismissed. The Board found that the true reason for the application was the Tenants' refusal to agree to an above-guideline rent increase, invoking section 83(3)(c) of the Residential Tenancies Act, which prohibits retaliatory evictions.