Hart v Nutter

Tenant wins · Windsor · 2024-08-26

Adjudicator

Vishal Nanda

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

V.N., A.G.

Tenant

E.H.

What happened

Tenant applied for an order determining that the Landlords gave a notice of termination in bad faith. The Landlords served the Tenant an N12 notice to terminate the tenancy for their son's personal use, but the rental unit was listed for sale less than a year after the Tenant vacated.

The ruling

The Landlords served the N12 notice in bad faith as the rental unit was listed for sale less than a year after the Tenant vacated. The Landlords failed to rebut the presumption of bad faith. The Tenant is awarded $6,960 for the increased rent she had to pay for a one-year period after moving out, plus the $48 application fee.