Yarosh v Rahimi

Landlord wins · Richmond Hill · 2025-06-20

Adjudicator

Jane Dean

Dispute

Bad Faith Eviction

Notice

Personal use (N12), Bad faith eviction (T5)

Landlord

V.R.

Tenant

Y.Y., V.Y.

What happened

The Tenants filed an application alleging the Landlord served an N12 notice for personal use in bad faith. The Tenants vacated based on the notice. The Landlord listed the property for sale within a year, creating a presumption of bad faith. The Landlord claimed a change in circumstances (son's medical diagnosis, marital issues requiring a court order for separation) forced him to move back to his primary home and sell the rental unit.

The ruling

The Tenants' application, which alleged the Landlord issued an N12 notice in bad faith, is dismissed. The adjudicator found that while the Landlord listed the property for sale within a year of the Tenants vacating, the Landlord successfully rebutted the resulting presumption of bad faith. The Landlord provided a credible explanation for the change in plans, citing his son's medical needs and marital difficulties that led to a court order for separation.