Evictly

Motta v Patel

Tenant wins · Etobicoke · 2025-07-11

Adjudicator
Nancy Morris
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
<$5K
Landlord
B.R.P., S.B.P., M.H.E.
Tenant
R.M.
Landlord rep
C. Patel
Tenant rep
K. Yhap

What happened

The Tenant applied for an order determining that the Seller Landlord and the Purchaser Landlords gave a notice of termination in bad faith. The Tenant was served an N12 notice claiming the purchasers intended to move in, but found the unit advertised for a higher rent 15 days after moving out. Both the seller and purchasers claimed ignorance or changing circumstances to justify the unit being re-rented, but the Board found both parties acted in bad faith.

The ruling

The Board found that both the Seller and Purchaser Landlords acted in bad faith. The Tenant is awarded $1,920.00 for the rent differential for one year plus the $58.00 application fee. The total amount of $1,978.00 is split equally between the Seller Landlord ($989.00) and the Purchaser Landlords ($989.00).