Drover v Chauhan

Landlord wins · Scarborough · 2024-10-09

Adjudicator

Benjamin Seigel

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

N.C.

Tenant

C.D.

Landlord rep

Thirusenthuran Sivapatham

What happened

The Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant was served with an N12 notice of termination for the Landlord's child to move into the rental unit, and the Tenant vacated the unit. The Tenant believed the Landlord's son did not actually move in, and that the N12 notice was not served in good faith.

The ruling

The Tenant's application is dismissed. The Tenant did not prove that no person referred to in subsection 48(1) of the Act occupied the rental unit within a reasonable time after the Tenant vacated, and that the Landlord served the N12 notice of termination in bad faith.