Zhou v Duan

Landlord wins · Markham · 2025-10-22

Adjudicator

Jeremy Henderson

Dispute

Bad Faith Eviction

Landlord

G.Q.D., W.F.C.

Tenant

B.Z., Y.H.

Landlord rep

Wan Fang Cao

What happened

The Tenants applied for a determination that the Landlords gave a notice of termination in bad faith (Section 57). The Tenants vacated the unit after receiving an email from the Landlords stating an intent to sell the property. However, the LTB member found that the email did not constitute a valid or equivalent notice under Section 48, as it lacked specific requirements and the grounds (selling) did not match the personal use requirements of the Act.

The ruling

The Tenants' application for a bad faith eviction determination was dismissed. The LTB found that the Landlords' email expressing an intent to sell the property did not constitute a formal or equivalent notice to terminate the tenancy under the Residential Tenancies Act. Consequently, because no statutory notice was given, the Tenants were not entitled to remedies for bad faith, even though they vacated the unit as a result of the email.