Russell v Sud

Tenant wins · North York · 2024-07-02

Adjudicator

Greg Witt

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

E.S.

Tenant

A.K.A.R., T.A.H.

Landlord rep

Karen Dubin

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants an N12 notice claiming the Landlord required vacant possession of the rental unit for residential occupation for a period of at least one year, but the Landlord did not move into the unit and instead listed it for lease.

The ruling

The Landlord must pay the Tenants $8,032.70, which includes $7,778.70 for increased rent the Tenants incurred for 9 months, $206.00 for moving and storage expenses, and $48.00 for the application fee. The Landlord served the N12 notice in bad faith as the Landlord did not move into the unit and instead listed it for lease shortly after the Tenants vacated.