Merah v Basra

Tenant wins · Mississauga · 2025-01-28

Adjudicator

Panagiotis Peter Roupas

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

S.B.

Tenant

H.M.

Landlord rep

Vivek Kumar Thapliyal

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant an N12 notice to terminate the tenancy for the purpose of her daughter's residential occupation, but the Tenant alleged the Landlord listed the rental unit for sale shortly after the Tenant vacated, indicating the N12 notice was served in bad faith.

The ruling

The Landlord must pay the Tenant $19,308, which includes $14,760 for rent differential, $4,500 for general compensation, and $48 for the application filing fee. The Landlord served the N12 notice in bad faith, as the rental unit was listed for sale shortly after the Tenant vacated, and the Landlord's daughter did not move into the unit as claimed.