Doxtater v Jiang

Landlord wins · Richmond Hill · 2025-09-09

Adjudicator

Colette Myers

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

K.J.

Tenant

M.D.

Landlord rep

Hongyun Zhang

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant moved out following an N12 notice for personal use. Subsequently, the Landlord listed the property for sale within one year, which triggered a presumption of bad faith. The Landlord countered that the listing was required by a family law court order following a marital separation, and that he actually continues to reside in the unit.

The ruling

The Tenant's application for a determination of bad faith eviction was dismissed. The Landlord successfully demonstrated that the listing of the property for sale shortly after moving in was necessitated by a family court order resulting from a separation, thereby rebutting the presumption of bad faith. The Landlord was found to have acted in good faith and continues to reside in the unit.