Katlyn Parker v Steven Gallagher

Tenant wins · Kitchener · 2023-05-23

Adjudicator

Jitewa Edu

Dispute

Bad Faith Eviction

Notice

Tenant rights (N12)

Amount

$10-20K

Landlord

S.G.

Tenant

K.P., R.P.

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 claiming his father would occupy the unit for at least one year, but the unit was sold less than a year later.

The ruling

The Landlord served the N12 notice in bad faith, as the evidence showed his father could not reasonably be expected to occupy the unit for at least one year. The Landlord is ordered to pay the Tenants the difference in rent for 12 months, as well as their reasonable moving and storage costs.