Zhang v Theocharoulas

Tenant wins · Markham · 2025-10-01

Adjudicator

Benjamin Seigel

Dispute

Bad Faith Eviction, Personal Use

Notice

Personal use (N12)

Landlord

W.Z.

Tenant

V.B.T.

Landlord rep

Julie Zhu

Tenant rep

Silvat Syed

What happened

The Landlord applied for eviction based on personal use. A previous order (July 9, 2025) granted the eviction, but the Tenant requested a review. The Tenant alleged that the N12 notice was served in retaliation nine days after the Tenant refused an illegal rent increase. The review member found that the original hearing order failed to properly analyze the mandatory refusal of eviction under section 83(3)(c) regarding retaliatory motives, constituting a serious error.

The ruling

The LTB granted the Tenant's request for review and cancelled the previous eviction order. The Board determined that the original member committed a serious error by failing to analyze whether the Landlord's application was retaliatory under section 83(3)(c), given that the N12 notice was served shortly after the Tenant refused an illegal rent increase. A new hearing will be scheduled to determine the merits of the case.