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Bad-Faith Eviction (T5)

Quick Answer

If an Ontario landlord ended your tenancy with an N12 (own use or sale) or N13 (renovation or demolition) and the real reason turns out to be different — the unit is re-rented at a higher rent, or never used as claimed — you can file a Form T5 with the Landlord and Tenant Board. The Board can order substantial compensation, including the difference in rent at your new home and a general penalty.

Compensation when a landlord moved you out on an N12 or N13 — claiming own use, sale, or renovation — that turned out not to be genuine.

Forms
Form T5
Tribunal
Landlord & Tenant Board
Consultation
Free & Confidential
i.

When this applies

Some no-fault evictions are legitimate; others are a pretext to remove a tenant and re-rent at a higher rate. A T5 addresses the second kind. It applies where a landlord gave an N12 for the landlord's, a family member's, or a purchaser's own use, or an N13 to demolish, convert, or do extensive repairs — and then did not act in good faith: the unit was re-rented soon after, the renovation never happened, or the claimed occupant never moved in.

ii.

What the Board can order

The Board can order the landlord to pay the difference between the old rent and what the tenant now pays elsewhere (for up to a year), moving and storage costs, other out-of-pocket losses, an amount for the general inconvenience, and an administrative fine. The remedies are deliberately significant because the conduct undermines the protections the Act gives tenants.

iii.

How we help

  • Assessing whether the eviction was genuinely in bad faith
  • Gathering proof the unit was re-rented or never used as claimed
  • Documenting your increased rent and moving costs
  • Filing the T5 within the one-year limitation period
  • Representing you at the hearing
  • Quantifying the full compensation the Act allows
iv.

How it works at the LTB

Watch what happens to the unit after you leave — re-listings, new tenants, or an unfinished renovation are the evidence. Gather your new lease and moving receipts to show your losses. File the T5 within one year of leaving, then present at the hearing how the landlord's stated reason was not the real one and what it cost you.

v.

Timelines & deadlines

There is a strict one-year limitation period running from the day you moved out, so the deadline is the first thing to protect. Evidence often emerges in the weeks after you leave — a fresh rental ad at a higher price is frequently the strongest single document.

Common Questions

How do I know if my N12 eviction was in bad faith?

Signs include the unit being advertised for rent shortly after you left, a new tenant moving in instead of the claimed occupant, a much higher rent, or a renovation that was claimed but never done. If the landlord's stated reason wasn't the real one, a T5 application may be available.

How much compensation can I get for a bad-faith eviction?

The Board can award the difference in rent between your old and new homes for up to a year, your moving and storage costs, other reasonable expenses, a general amount for the disruption, and an administrative fine against the landlord. The total can be substantial.

Is there a deadline to file a T5?

Yes. A T5 must be filed within one year of the date the former tenancy ended — the day you moved out. Because evidence of bad faith often appears in that window, it's worth speaking to a paralegal as soon as you suspect the eviction wasn't genuine.
Facing this at the Board?

The deadline moves first.

LTB matters turn on notices, service, and filing dates as much as the facts. Talk it through before a deadline passes — the first call is free, confidential, and without obligation.