McGinn v Kim

Tenant wins · Whitby · 2025-01-28

Adjudicator

Karen Gonçalves

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

Y.K., J.C.

Tenant

T.M.

Landlord rep

Ki Shik Shin

What happened

Tenant applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice stating they intended to move into the rental unit, but the unit was listed for sale shortly after the Tenant vacated.

The ruling

The Tenant proved the Landlords served the N12 notice in bad faith, as the rental unit was listed for sale less than a year after the Tenant vacated. The Landlords failed to rebut the presumption of bad faith. The Landlords must pay the Tenant $5,848 for increased rent and moving expenses.