Esguerra v Noton
Tenant wins · Burlington · 2025-03-31
- Adjudicator
- Dale Whitmore
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12), Bad faith eviction (T5)
- Amount
- >$20K
- Landlord
- J.N.
- Tenant
- R.E., C.E.
- Tenant rep
- Elena Grigorieva
What happened
Tenants applied for an order determining the Landlord gave a notice of termination (N12) in bad faith. The Tenants vacated the unit based on the N12, which stated the Landlord's son required the unit. However, the son never moved in; instead, the Landlord renovated the unit and re-listed it for a significantly higher rent. The Landlord's explanation for the change of plans—a fight with his son—was found not credible by the Board.
The ruling
The Board found that the Landlord issued an N12 notice in bad faith. The Landlord failed to prove a genuine intention for his son to occupy the unit, as his testimony was deemed not credible and he subsequently re-rented the unit at a higher price. The Landlord is ordered to pay the Tenants a total of $22,770.59, which includes a one-year rent differential ($6,540.00), moving expenses ($252.59), general compensation equivalent to six months' rent ($15,930.00), and the application filing fee ($48.00).