Muir v Del Fabbro
Landlord wins · Hamilton · 2025-04-17
- Adjudicator
- Frank Ebner
- Dispute
- Bad Faith Eviction, Maintenance, Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- L.M., D.M.
- Tenant
- D.D.F.
- Landlord rep
- Angela Smith
- Tenant rep
- Jackie Struthers
What happened
Landlords applied to evict the Tenant for their own personal use (N12). The Tenant argued the eviction was in bad faith, citing a previous illegal rent increase request and significant delays in repairing a deck. The Landlords had already provided the required one-month rent compensation. The Board found the Landlords' intention to occupy the unit to be genuine and in good faith, dismissing the Tenant's claims of retaliation. However, the Board granted the Tenant relief by postponing the eviction date to May 15, 2025, to allow more time to find new housing.
The ruling
The Board granted the Landlords' application to terminate the tenancy for personal use. The tenancy is terminated effective May 15, 2025, by which date the Tenant must vacate. The eviction was postponed to provide relief to the Tenant. A financial calculation determined that the Landlords owed the Tenant $2,841.76, representing overpaid compensation and the rent deposit with interest, which is to be reduced by a daily compensation amount until the Tenant moves out.