Fraser v Romanowski

Tenant wins · Hamilton · 2025-07-11

Adjudicator

Joshua Labbe

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

A.S.R.

Tenant

B.A.F., A.R.

What happened

Tenants filed an application alleging the Landlord served an N12 Notice of Termination in bad faith. The Landlord claimed his spouse's parents required the unit, prompting the Tenants to vacate on April 30, 2023. However, the Landlord listed the property for sale on November 3, 2023, which is less than a year after the Tenants vacated. The Landlord failed to attend the hearing to rebut the presumption of bad faith.

The ruling

The Landlord is ordered to pay the Tenants $3,798.46. This includes $3,500.00 in general compensation for bad faith eviction, $250.46 for moving expenses, and $48.00 for the LTB filing fee. The Landlord was found to have acted in bad faith by listing the property for sale within a year of the Tenants vacating under an N12 notice.