DEBERGH v LA

Tenant wins · Toronto · 2024-06-04

Adjudicator

Greg Witt

Dispute

Bad Faith Eviction

Notice

Bad faith eviction (N12)

Amount

$10-20K

Landlord

J.L., PERFORMANCE PROPERTY MANAGEMENT

Tenant

R.D., J.V.

What happened

Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice claiming the purchaser of the rental unit required vacant possession for residential occupation, but the Tenants alleged the unit was rented out shortly after they vacated, indicating the notice was served in bad faith.

The ruling

The Landlord must pay the Tenant $10,613.00 by June 15, 2024 as the Tenant proved the Landlord served the N12 notice in bad faith. The Tenant is entitled to $10,560.00 for the rent differential between the previous and new unit, and $53.00 for the cost of filing the application.