Longboat v Kantoor

Tenant wins · Hamilton · 2024-03-27

Adjudicator

Kate Sinipostolova

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

V.K.

Tenant

S.L., T.L.

Landlord rep

Edwin Alexander

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice to terminate the tenancy for personal use, and the Tenants vacated the rental unit as a result. However, the Landlord did not move into the unit within a reasonable time after the Tenants vacated, and instead listed the unit for rent.

The ruling

The Tenants proved the Landlord served the N12 notice in bad faith. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act. The Landlord must pay the Tenants $5,820.51 for general compensation and moving expenses.