WITTHOEFT v TRELEAVEN

Tenant wins · Burlington · 2024-06-05

Adjudicator

Greg Witt

Dispute

Bad Faith Eviction

Notice

Bad faith eviction (N12)

Amount

$5-10K

Landlord

M.T., A.I.

Tenant

B.W., T.D.

What happened

Tenants applied for an order determining that Landlords gave a notice of termination in bad faith. The Landlords served an N12 notice claiming the purchaser of the rental unit required vacant possession for residential occupation, but the Tenants alleged the unit was listed for sale shortly after they vacated, indicating the notice was served in bad faith.

The ruling

The Tenant proved the Landlord served the N12 notice in bad faith, as the rental unit was listed for sale shortly after the Tenants vacated and the purchaser did not move in within a reasonable time. The Landlord must pay the Tenant $5,203 for rent differential and moving/storage expenses.