SIMONE v KANG

Tenant wins · Puslinch · 2024-01-25

Adjudicator

Nancy Morris

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

K.K.

Tenant

F.S., L.S.

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenants with an N12 notice of termination stating that the Landlord required use of the rental unit for his child. The Tenants moved out on or before August 31, 2021, but the Landlord's son did not move into the rental unit within a reasonable time.

The ruling

The Tenants proved the Landlord served the N12 notice in bad faith, as the Landlord's son did not move into the rental unit within a reasonable time after the Tenants vacated. The Tenants are entitled to $2,400 for the rent differential, $2,307.40 for moving and storage costs, and $53 for the application fee, for a total of $4,760.40.