Malekazari v Shabani

Landlord wins · Richmond Hill · 2025-03-19

Adjudicator

Benjamin Seigel

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

F.S.

Tenant

N.M.

Landlord rep

Ashley Friel

Tenant rep

Oleksandr Pichugin

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for personal use, and the Tenant vacated the rental unit as a result. The Tenant believes the N12 notice was served in bad faith because the rental unit was sold within a year.

The ruling

The Tenant's application is dismissed. The Landlord rebutted the presumption that the N12 notice was served in bad faith, and the Landlord moved into the rental unit within a reasonable period of time after the Tenant vacated and remained there for over a year.