Garry v Seeburger
Tenant wins · Oakville · 2024-09-10
- Adjudicator
- Vicky Liu
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $5-10K
- Landlord
- J.S.
- Tenant
- I.G.
- Landlord rep
- Jordan Nieuwhof
- Tenant rep
- Bavithra Vigneswararajah
What happened
Tenant applied for an order determining that the Landlord gave a notice of termination under section 48 in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for the purpose of the Landlord's personal use. The Tenant vacated the rental unit as a result of the N12 notice. The Landlord subsequently rented the unit to another tenant within a year of the Tenant vacating.
The ruling
The Tenant proved the Landlord served the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith under s. 57(5) as the Landlord rented the unit to another tenant within a year of the Tenant vacating. The Landlord's occupation of the unit for 5 months was not sufficient to meet the one-year requirement. The Landlord must pay the Tenant $6,972.88, including rent abatement and rent differential.