Nevius v Hy-Mark Property Management

Landlord wins · Kitchener · 2025-12-04

Adjudicator

Jack Jamieson

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

Hy-Mark Property Management, L.E.M.

Tenant

H.V.N.

Landlord rep

A. Hamdan

Tenant rep

Shelby Nevius

What happened

Tenant filed a T5 application alleging the Landlord served an N12 notice for personal use (landlord's son) in bad faith after the son failed to move into the unit. The Landlord argued that the parties had entered into a private settlement agreement where the Tenant negotiated for higher compensation ($3,500) and voluntarily signed an N9 notice to vacate, which superseded the N12 notice.

The ruling

The Tenant's T5 application for a bad faith eviction was dismissed. The Board ruled that although the Landlord's son did not move into the unit, the Tenant moved out as a result of a negotiated private settlement agreement for $3,500.00 and an N9 notice, rather than the N12 notice itself. Because the move was not caused by the N12, the statutory requirements for a bad faith claim were not met.