T5: A Tenant's Application After a Bad-Faith Notice
Some notices end a tenancy only if the landlord has a genuine reason, such as moving in personally (N12) or doing renovations that need the unit empty (N13). If a landlord gave such a notice and the real reason was something else, a former tenant can apply to the Landlord and Tenant Board (LTB) on a T5 application.
- A T5 is about whether the landlord gave the notice in bad faith, not simply whether the reason later changed.
- Signs of bad faith include re-renting the unit at a higher rent soon after, or never moving in or starting the renovations.
- Possible remedies include moving and storage costs, the difference in rent for up to a year, and fines against the landlord.
- Strict time limits apply from when you moved out, and they have been changed by law in recent years, so confirm the current deadline right away.
What the Act says about genuine reasons
A landlord who gives an N12 must genuinely intend to live in the unit, or have a qualifying family member or caregiver do so, for at least a year. For an N13, the work must truly require the unit to be vacant, and the landlord must follow rules about compensation and the right to return.
Signs of bad faith
- The unit was listed for rent or sale shortly after the tenant left.
- A new tenant moved in, often at a higher rent.
- No one moved in, or the person named in the notice never lived there.
- No building permit or renovation work followed an N13, or the work did not need the unit empty.
- The landlord had already been in a dispute with the tenant before giving the notice.
Gather your evidence
- Keep the N12 or N13 and any agreement to end the tenancy.
- Screenshot rental listings, with dates and prices, and note who moved in.
- Note the dates and addresses of any rented or sold units, and keep proof of your own moving costs and new rent.
- Ask neighbours or the new tenants, politely, whether the landlord or a family member ever lived there.
- If the notice was for renovations, ask the municipality about building permits.
What the Board can order
- Payment of reasonable moving, storage and similar costs.
- Compensation for the difference between your old and new rent for up to a year.
- Other money the Board considers fair in the circumstances.
- Administrative fines against the landlord, which go to the Board rather than to you.
Do not wait
The window to apply starts running when you move out and it has been adjusted by law. If you believe you were evicted in bad faith, check the current deadline with the LTB or a licensed paralegal immediately and gather the evidence as you go.
Common questions
What if the landlord's plans really changed?
A genuine change can be a defence, but the landlord has to explain it and prove it. The Board looks at what the landlord did and when.
Can I apply if I signed an agreement to end the tenancy?
Possibly. An agreement signed because of a bad-faith notice can still be reviewed. Bring the agreement and the circumstances to the hearing.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
Book a Free Consultation
PIPEDA-compliant