Stuca v Cole
Tenant wins · Bowmanville · 2025-11-28
- Adjudicator
- Carrie Bertrand
- Dispute
- Bad Faith Eviction, Personal Use
- Notice
- Personal use (N12)
- Landlord
- G.S.
- Tenant
- A.J.C.
- Landlord rep
- Brittney-Rose Ward, Michael Kippel
What happened
The Landlord applied to terminate the tenancy for personal use (N12), claiming he required the unit for residential occupation for at least one year. However, it was revealed the Landlord had filed two N12 applications simultaneously for two different units (Unit 1 and Unit 4) in the same building, claiming he would reside in both. The Landlord also failed to disclose these previous notices in the application as required by law. During the hearing, the Landlord admitted his true intention was to renovate the entire 5-unit building into a single-family dwelling for his family, rather than specifically residing in the units listed.
The ruling
The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found the Landlord acted in bad faith by filing two simultaneous N12 applications for different units and providing false declarations about his intention to reside in the unit. The Landlord also failed to comply with statutory disclosure requirements regarding previous notices.