Labahn v Lim

Tenant wins · Toronto · 2023-09-20

Adjudicator

Kelly Delaney

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.L., Y.K.

Tenant

P.L.

Tenant rep

Joseph Behar

What happened

The Tenant filed an application alleging the Landlord gave a N12 Notice to Terminate the Tenancy in bad faith. The Tenant vacated the rental unit on November 26, 2021 after receiving the N12 Notice on September 20, 2021. The Tenant submitted evidence that the Landlord began relisting the rental unit on March 21, 2022.

The ruling

The Tenant proved the Landlord served the N12 Notice in bad faith. The Landlord is ordered to pay the Tenant $5,925 in rent abatement and $847.50 in moving expenses, for a total of $6,772.50, by October 1, 2023. If the Landlord does not pay by the due date, they will owe interest at 6% annually on the outstanding balance.