Odie v Al-mter
Tenant wins · Windsor · 2023-12-01
- Adjudicator
- Heather Chapple
- Dispute
- Bad Faith Eviction, Illegal Act, Substantial Interference
- Notice
- Personal use (N12), Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- A.A.
- Tenant
- N.O.
- Tenant rep
- Brandon Valley
What happened
The tenant filed three applications against the landlord: a T1 application claiming the landlord did not use the tenant's last month's rent deposit to pay for the last rental period and did not return the deposit, a T2 application claiming the landlord substantially interfered with the tenant's reasonable enjoyment of the rental unit by threatening to discard her belongings, and a T5 application claiming the landlord gave an N12 notice in bad faith.
The ruling
The tenant's T1 application regarding the last month's rent deposit was dismissed, but the T5 application claiming the landlord served the N12 notice in bad faith was granted. The landlord is ordered to pay the tenant $22,200 in compensation for the bad faith N12 notice, plus $1,850 for the lack of compensation for the N12 notice, and $48 for the application filing fee, for a total of $24,098.