Graham v Knights

Tenant wins · Hamilton Township · 2025-02-05

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

K.K.

Tenant

S.G.

What happened

Tenant applied for an order determining that Landlord gave a notice of termination in bad faith. The Landlord informed the Tenant that he intended to renovate the rental unit and have his family move in, and the Tenant subsequently vacated the unit. However, the Landlord did not move in and instead re-rented the unit at a higher price.

The ruling

The Landlord must pay the Tenant $53 for the application filing fee, as the Landlord served an N12 notice of termination in bad faith. The Tenant proved the requirements under section 57 of the Act, and the Landlord failed to rebut the presumption of bad faith.