Evictly

Worden v Lu

Tenant wins · Toronto · 2024-02-26

Adjudicator
Melissa Anjema
Dispute
Bad Faith Eviction
Notice
Personal use (N12)
Amount
$10-20K
Landlord
N.T.A.L.
Tenant
L.W.
Landlord rep
Stephen Wai

What happened

Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Landlord served the Tenant with an N12 notice to terminate the tenancy for personal use, and the Tenant vacated the rental unit as a result. However, the Tenant alleged that the Landlord did not move into the unit and instead listed it for rent at a higher rate shortly after the Tenant vacated.

The ruling

The Tenant proved the allegations contained in the application on a balance of probabilities. The Landlord must pay the Tenant a total of $12,048.00 which represents rent differential for one year and the Tenant's cost to file the application.