Under the Residential Tenancies Act, 2006 (RTA), tenants in Ontario are strictly protected against bad-faith evictions. When a landlord issues a notice to end tenancy claiming personal use, major renovations, or conversion, but does so dishonestly or fails to carry out the stated purpose, the tenant can apply to the Landlord and Tenant Board (LTB) for substantial financial remedies by filing a Form T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith.
At Lex Defensio, our legal representatives help former and current tenants compile evidence, demonstrate bad-faith motives, and obtain maximum statutory compensation before the LTB.
Valid Grounds for Filing a Form T5 Application
A Form T5 application applies when a landlord served a notice of termination or coerced a tenant into vacating under one of the following scenarios in bad faith:
- Bad-Faith Form N12 (Landlord or Purchaser’s Own Use): The landlord or purchaser issued an N12 Notice claiming they or an immediate family member required the unit for personal residential occupation, but subsequently re-rented, listed, or sold the unit within 12 months.
- Bad-Faith Form N13 (Demolition, Renovation, or Conversion): The landlord issued an N13 Notice claiming demolition, major repairs requiring vacant possession, or commercial conversion, but failed to execute the work or refused the tenant’s statutory Right of First Refusal to re-occupy at the same rent.
- Bad-Faith Demands Outside Formal Notices: The landlord falsely claimed they were moving in or demolishing the property to induce the tenant into signing a Form N11 or vacating voluntarily.
Statutory Presumptions & Burden of Proof
Under Sections 57 and 57.1 of the RTA, the law presumes bad faith if the landlord or purchaser does any of the following within 12 months after the tenant moves out:
- Advertises or lists the rental unit for rent.
- Enters into a new tenancy agreement with another person.
- Advertises or lists the unit/residential complex for sale.
- Converts the unit to non-residential use without completing promised renovations.
1-Year Filing Deadline: A Form T5 application must be filed with the LTB within 1 year from the date the tenant vacated the rental unit.
Statutory Remedies Available to Tenants
If the LTB determines that the landlord acted in bad faith, an adjudicator can grant severe financial and administrative remedies:
| Statutory Remedy | Statutory Cap / Details |
|---|---|
| Rent Differential Compensation | Difference between the tenant’s old rent and new rent for up to 12 months. |
| General Compensation | Direct monetary award up to 12 months of the tenant’s last charged rent (up to $35,000+). |
| Out-of-Pocket Expenses | Full reimbursement for reasonable moving, storage, and utility transfer costs. |
| Administrative Fines | Ordering the landlord to pay a fine to the Board (up to $50,000 for individuals or $250,000 for corporations). |
| Order to Move Back In | Ordering the landlord to allow the tenant to move back into the unit (if the unit remains vacant). |
Form T5 Application Process Workflow
- Discover Unit Re-Rented or Sold
- Gather MLS, Listing & Photo Proof
- File Form T5 via Portal
- LTB Hearing & Order
- Evidence Collection: Secure property listings, real estate advertisements, tenant witness statements, public records, or social media posts proving the unit was re-rented or sold.
- Filing Application: Draft and file the Form T5 Application through the Tribunals Ontario Portal, outlining exact financial damages and remedy requests.
- Serving the Landlord: Deliver a copy of the application and Notice of Hearing to the landlord according to LTB rules, filing a signed Certificate of Service.
- LTB Hearing Representation: Present documented evidence, rental differential calculations, and oral testimony before an LTB Adjudicator.
How Lex Defensio Assists Tenants
Proving bad faith at the Landlord and Tenant Board requires comprehensive investigation and strict alignment with RTA statutory presumptions. Lex Defensio offers dedicated support for displaced tenants:
- Case Assessment & Evidence Audits: We analyze property records, lease listings, and past notices to establish a clear presumption of bad faith.
- Damages Calculation: We compile moving receipts, rent differential logs, and financial proof to maximize your monetary claim.
- Application Drafting & Filing: We prepare and submit Form T5 via the Tribunals Ontario Portal, ensuring procedural accuracy.
- LTB Hearing Advocacy: Our experienced legal team represents you at LTB hearings, cross-examining landlord assertions and fighting for full statutory compensation.
Victim of a Bad-Faith Eviction or False N12/N13 Notice?
Contact Lex Defensio to schedule a legal consultation regarding your Form T5 application.
