Duquette v Audette

Tenant wins · Welland · 2024-09-03

Adjudicator

Colin Elsby

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

G.A.

Tenant

T.D.

Landlord rep

Roger Audette, Yvon Audette

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 stating that they in good faith require the rental unit for residential occupation for a period of one year, and the Tenant vacated the unit. However, the Landlord did not occupy the rental unit within a reasonable time after the Tenant vacated.

The ruling

The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant a total of $8,672.98 which represents a rent differential because of the Landlord's breach and costs associated with filing the application.