FISHER v KODHIMA
Landlord wins · London · 2024-09-10
- Adjudicator
- Alicia Johnson
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- L.K., R.K.
- Tenant
- J.F., J.B.
- Landlord rep
- Thomas Schoenleber
What happened
Tenants applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenants with an N12 notice for personal use, and the Tenants vacated the rental unit. The Tenants alleged that the Landlords re-rented the unit instead of moving in themselves.
The ruling
The Tenants' T5 application is dismissed. The Tenants did not prove the Landlords served the N12 notice in bad faith. The evidence showed the Landlords moved into the rental unit after the Tenants vacated and resided there for over a year before selling the property.