Evictly

Correia v Lee

Landlord wins · Mississauga · 2025-06-02

Adjudicator
Kate Sinipostolova
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Landlord
O.Y.L.
Tenant
J.C.

What happened

The Tenant filed an application alleging the Landlord issued a notice of termination in bad faith. The Tenant claimed the Landlord verbally requested him to vacate for the Landlord's own use. The Landlord did not attend the hearing. The application was dismissed because the Tenant never received a formal, written N12 notice, and the Landlord's verbal request lacked a specific termination date, failing to meet the legal requirements for a notice of termination under the Residential Tenancies Act.

The ruling

The Tenant's application claiming the Landlord gave a notice of termination in bad faith is dismissed. The Board found that the Landlord's verbal request to vacate did not constitute a valid notice of termination under the Act because it lacked a specific termination date. As the Tenant did not receive a valid notice, the first requirement for a bad faith claim was not met.