Nacu v Rodionova

Tenant wins · Nepean · 2025-06-23

Adjudicator

Kate Sinipostolova

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

Y.R., V.S.

Tenant

C.N., G.N.

Tenant rep

Kimberley Farrell

What happened

The Tenants filed a T5 application alleging the Landlords served an N12 notice for personal use in bad faith. The Landlords failed to occupy the unit and sold the property within a year of the Tenants vacating. The Landlords argued they intended to move in but were deterred by "disturbing" markings left on the walls and financial pressures. The Board found the Landlords' explanations inconsistent and ruled that the eviction was a pretext to sell the property.

The ruling

The Landlords were found to have acted in bad faith by evicting the Tenants under the guise of personal use only to sell the property. The Landlords are ordered to pay the Tenants $7,848.00, representing $4,800.00 in rent differential for one year, $3,000.00 in general compensation for hardship, and $48.00 for the application fee. Additionally, the Landlords must pay a $1,000.00 administrative fine to the LTB for blatant disregard of the Act.