Evictly

Grigor v Dogar

Tenant wins · Newmarket · 2024-06-07

Adjudicator
Julie Broderick
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
$10-20K
Landlord
Z.D., S.H.
Tenant
B.J.G., K.G.

What happened

Tenants applied for an order determining that the Landlord gave an N12 notice of termination in bad faith. The Landlord served the Tenants with an N12 notice indicating the Landlord requires the rental unit for his father's personal residential occupation. The Tenants vacated the rental unit, but the Landlord later re-rented the unit to a new tenant.

The ruling

The Tenant proved the Landlord gave the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith after re-renting the unit within 1 year. The Tenant is awarded $6,900 for increased rent, $4,245.23 for moving expenses, and $2,000 for general compensation.