Rodgers v Kwapien

Tenant wins · Mississauga · 2024-09-03

Adjudicator

Colin Elsby

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$10-20K

Landlord

A.K.

Tenant

C.R., S.R.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 Notice claiming the Landlord required possession of the rental unit for the residential occupation of their daughter. The Tenants vacated the rental unit, but later saw the unit listed for sale on Realtor.ca, indicating the Landlord did not intend for their daughter to occupy the unit.

The ruling

The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant $10,949.00 by September 14, 2024, which includes the rent differential for 12 months and the cost of filing the application. The Landlord served the N12 Notice in bad faith, as the Landlord's daughter did not move into the rental unit and the unit was listed for sale within a year of the Tenants vacating.