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).