Varacalli v Raj

Tenant wins · Windsor · 2024-07-02

Adjudicator

Dana Wren

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

<$5K

Landlord

K.R.

Tenant

D.V.

Landlord rep

Ramadevi Gavisetty

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served an N12 notice to terminate the tenancy on September 20, 2023, stating that he was moving into the rental unit. The Tenant vacated the unit on November 30, 2023, but the property was listed for sale around December 5, 2023, just a few days after the Tenant moved out.

The ruling

The Tenant's application is granted. The Landlord is ordered to pay the Tenant $608, which includes $560 for reasonable moving and storage expenses, and $48 for the application filing fee. The Landlord failed to rebut the presumption of bad faith under section 57(5) of the Act.