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LTB Order on Bad Faith Eviction Claim - Weekes v First Choice Property Management

Tenant awarded damages and fine imposed on landlord for bad faith eviction

Case Timeline

Application Date: June 29, 2022
Hearing Date: October 4, 2023
Order Issued: October 13, 2023
Termination Date: March 31, 2023
Eviction Deadline: October 24, 2023

Case Overview

Case Number: LTB-T-056839-22
Address: 72, 1725 Ernest Avenue, London ON N6E2W3
Form Used: N12
Served By: Landlord
Amount Awarded: $9,551.57
Decision In Favor: Tenant
Application Type: Bad faith eviction claim
RTA Sections: Section 48, Section 57(1)(a), Section 57(5), Section 57(6)

Parties Involved

Landlord: First Choice Property Management
Landlord Rep: Self Represented
Tenant: Darryl Weekes
Tenant Rep: Self Represented
Adjudicator: Fabio Quattrociocchi
Keywords: bad faith eviction, N12 notice, increased rent, administrative fine

Decision Summary

Landlord to pay $8,940.00 for increased rent, $558.57 for moving costs, and a $1,000.00 administrative fine.

Dispute Summary

Tenant alleged landlord served N12 notice in bad faith.
Evidence showed rental unit was advertised for rent within two months of vacancy.

Findings & Determinations

Tenant proved bad faith eviction on balance of probabilities.
Landlord did not occupy the unit as claimed in the notice.

Summary Points

Tenant vacated after receiving N12 notice for landlord's personal use.
Rental unit advertised for rent shortly after tenant vacated.
Landlord ordered to pay difference in rent and moving costs, plus a fine.
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