Sanchez v Xu
Tenant wins · Toronto · 2024-07-09
- Adjudicator
- Jane Dean
- Dispute
- Bad Faith Eviction
- Notice
- Personal use (N12)
- Amount
- $10-20K
- Landlord
- Z.X., Del Condominium Rentals, J.K.Y.L.
- Tenant
- S.S.
- Landlord rep
- Edwin Sadasivam
What happened
The Tenant applied for an order determining that the Vendor Landlord, Zhanhua Xu, and the Purchaser, Joey Ka Yan Lam, gave a notice of termination in bad faith. The Tenant vacated the rental unit after receiving an N12 notice from the Vendor Landlord's realtor, indicating the Purchaser intended to move into the unit. However, the Purchaser later changed her mind about moving in and instead re-listed the unit for rent at a higher rate.
The ruling
The Vendor Landlord and Purchaser acted in bad faith in issuing the N12 notice to the Tenant. The Tenant is awarded $12,216 in compensation, including a one-month rent abatement, one year's rent differential, moving expenses, and general damages.