St Croix v Diaz

Landlord wins · Rosemount · 2025-10-22

Adjudicator

Brenda Mercer

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

T.D.

Tenant

L.S.C.

Landlord rep

Eddy Diaz

What happened

Tenant applied for an order determining that Landlord gave an N12 notice of termination in bad faith. Tenant vacated the unit on March 31, 2024, and subsequently discovered the unit was listed for rent at a higher price. Landlord acknowledged advertising the unit but claimed the son moved in as planned, with the delay and advertising caused by Tenant's failure to provide a specific move-out date.

The ruling

The Tenant's application for an order determining bad faith was dismissed. Although the Landlord advertised the unit for rent, the Board found that the Landlord's son genuinely intended to and did occupy the unit within a reasonable timeframe. The Landlord successfully rebutted the legal presumption of bad faith.