Kamal v Khalid

Tenant wins · Toronto · 2024-08-26

Adjudicator

Karen Gonçalves

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

S.M.F.K.

Tenant

M.T.K., R.A.

Landlord rep

Serajul Islam Kazi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants believe the Landlord served the N12 notice in bad faith and wants to evict them to increase the rent.

The ruling

The Landlord's application is dismissed because the proposed occupation would not be residential occupation as required under the Act. The Tenants are required to repay the $2,100 compensation they received from the Landlord, and will owe interest if not paid by September 7, 2024.