Hein v Nayyar

Tenant wins · Kitchener · 2025-02-21

Adjudicator

Peter Nicholson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

V.N.

Tenant

C.H., E.T.D.O., M.H.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice of termination, stating the purchaser intends to move into the rental unit. The Tenants vacated the rental unit, but the Landlord subsequently transferred the property to a non-arm's length corporation and rented it to students.

The ruling

The Tenants' T5 application was granted. The Landlord served the N12 notice in bad faith, as the Landlord's intent to sell the property and have the purchaser move in was not genuine. The Landlord subsequently transferred the property to a non-arm's length corporation and rented it to students. The Tenants are awarded $7,350 for rent differential and $2,100.44 for moving and storage expenses.