Raponi v Asante

Landlord wins · Brampton · 2025-06-05

Adjudicator

Dawn Carr

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.A.

Tenant

B.R.

What happened

The Tenant filed an application alleging the Landlord issued a Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (N12) in bad faith. The Tenant vacated the unit as per the notice, but the purchaser moved in approximately two months later. The Tenant argued this delay was unreasonable. The Landlord did not attend the hearing. The Board dismissed the application, finding that the Tenant failed to prove the N12 was given in bad faith, as the purchaser did eventually occupy the unit, and the delay alone was not sufficient evidence of bad faith.

The ruling

The Tenant's application, which claimed the Landlord issued an N12 notice in bad faith, is dismissed. The Board found that the Tenant did not successfully prove the elements of a bad faith eviction, specifically that the purchaser's two-month delay in occupying the unit was unreasonable.