Nayel v Shen
Tenant wins · Oakville · 2025-06-10
- Adjudicator
- Nicole Pedron
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- >$20K
- Landlord
- Z.S.
- Tenant
- H.N.
- Landlord rep
- Wendy Hu
- Tenant rep
- Joseph Behar
What happened
The Tenant filed an application asserting that the Landlord issued a notice of termination in bad faith. The notice, sent via email by the Landlord's sister, claimed the unit was needed for the Landlord's brother. The Tenant vacated as a result. Subsequently, the Landlord's brother did not move in, and the property was sold. The Landlord's representative argued the email was not a valid N12 notice. The Board found the email was a notice in substance and that the Landlord acted in bad faith.
The ruling
The Landlord is ordered to pay the Tenant a total of $20,448.00. This amount consists of $20,400.00, representing the increased rent the Tenant incurred for one year following a bad faith eviction, and the $48.00 application fee. The Board determined that an email from the Landlord's agent constituted a valid termination notice in substance. The subsequent sale of the property triggered a presumption of bad faith, which the Landlord failed to rebut.