Wagar v Saravanamuthu

Tenant wins · Ajax · 2024-10-11

Adjudicator

Julia Toso

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Amount

$5-10K

Landlord

M.S.

Tenant

L.W., P.H.

Landlord rep

Ryan Nagarajah

What happened

Tenants lived in the rental unit until the Landlord terminated the tenancy by serving an N12, stating she required the unit for personal use. Tenants claim the Landlord served the N12 in bad faith and did not move into the unit as claimed, instead renting it to another family.

The ruling

The Board finds the Landlord served the N12 notice in bad faith, as the rental unit remained vacant for 3 months after the Tenants vacated, and was then rented to another family instead of the Landlord moving in. The Board orders the Landlord to pay the Tenants $7,207.18 in damages, including $5,159.18 for moving expenses and $2,000 in general damages.