Eslami v Massumi

Landlord wins · Richmond Hill · 2025-02-14

Adjudicator

Vicky Liu

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.M.

Tenant

E.E.

Landlord rep

Terry Ramjit

Tenant rep

Dan Schofield

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 the Landlord required possession of the rental unit for the Landlord's mother-in-law to occupy. The Tenant vacated the rental unit as a result of the N12 notice, but the Landlord's mother-in-law did not move in. The Landlord and his family moved into the basement unit for a short period before the Landlord moved to the United States for work.

The ruling

The Tenant's application is dismissed. The Landlord did not act in bad faith when serving the N12 notice, and the Tenant failed to prove the requirements of section 57(1)(a) of the Act.