Lane v Harkavaya

Tenant wins · St Catharines · 2025-11-05

Adjudicator

Joy Xiao

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

H.H.

Tenant

W.L., M.L.

Landlord rep

Mihai Paunescu

Tenant rep

Dennis Gross

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination (N12) in bad faith. The Landlord served the notice claiming personal use but subsequently renovated the unit and sold it within a year without ever occupying it. The Landlord claimed financial hardship and unforeseen circumstances as the reason for the sale. The Board found the Landlord failed to prove a genuine intent to occupy the unit at the time the notice was served and concluded the eviction was in bad faith.

The ruling

The Landlord is ordered to pay the Tenants $17,153.00 by November 30, 2025. This includes $9,600.00 for the rent differential between the old and new units for one year, $7,500.00 as general compensation (equivalent to 5 months of rent), and the $53.00 filing fee. The Board found the Landlord evicted the Tenants in bad faith by selling the property shortly after they vacated instead of moving in as claimed in the N12 notice.