McChesney v Niazi

Landlord wins · Niagara Falls · 2025-04-25

Adjudicator

Madeline Ntoukas

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

S.N., H.N.

Tenant

S.M., K.M.

Landlord rep

Jennifer Priestley

What happened

Tenants filed an application claiming the Landlords issued an N12 notice for personal use in bad faith. The Tenants vacated on January 3, 2024. The new landlord-owner, Landlord 2, moved in 9 months later, on October 1, 2024. The application was ultimately dismissed.

The ruling

The Tenants' application, alleging the Landlords served an N12 notice in bad faith, is dismissed. Although the Landlord did not move into the unit within a reasonable time (a 9-month delay), the Tenants failed to prove that the notice was originally served in bad faith. The evidence showed the Landlord did intend to move in but was delayed by the Tenants' actions and ultimately did occupy the property.