Dhall v ALIM

Tenant wins · Scarborough · 2025-02-13

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

F.A., S.S.

Tenant

S.D.

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the purpose of the Landlord's parent occupying the rental unit. The Tenant vacated the unit, but the Landlord's parent did not move in, and the Landlord re-rented the unit at a higher rate within a year.

The ruling

The Tenant's application is granted. The Landlord must pay the Tenant $4,248, which includes $4,200 for the rent differential and $48 for the application fee. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act.