Mohan v Mann

Tenant wins · Oakville · 2024-08-30

Adjudicator

Jane Dean

Dispute

Bad Faith Eviction, Illegal Act

Notice

Personal use (N12)

Amount

$10-20K

Landlord

P.M., B.M.

Tenant

S.M.

What happened

Tenant applied for an order determining that the Landlords collected or retained money illegally, and gave a notice of termination in bad faith. The Landlords served the Tenant with an N12 notice to terminate the tenancy for personal use, but the Tenant alleged the Landlords did not move into the rental unit within a reasonable time after the Tenant vacated.

The ruling

The Landlord failed to provide the required compensation when serving the N12 notice, and did not move into the rental unit within a reasonable time after the Tenant vacated. Therefore, the Landlord must pay the Tenant $15,388, which includes $13,680 for rent differential, $1,660 for the compensation owing, and $48 for the application fee.