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Form T5: A Tenants application for a Landlord's notice in bad faith.

Updated: Nov 20, 2023

Good Faith" as a legal principle is recognized in Canadian law as a fundamental principle. In essence, two people in a contract must behave honestly in the performance of their contractual obligations. Anyone who read my article in the December issue will know my warnings to landlord's about the N12 (Notice of termination for Landlord's own use); Consider this an explanation of that warning. If a tenant feels that their landlord served on them an N12  or N13 (Notice of termination for renovation, conversion, or demolition), in bad faith they can file a T5 for up to a year after they move out.

In essence, a T5 allows the tenant to seek compensation for the landlord lying about needing the unit for the requested purpose. If the tenant moved because they got an N12 or N13, the three most common remedies tenants request are: 1) Moving expenses 2) Storage Expenses and 3) A Board fine for the landlord.

Moving expenses could include anything from the rental of a U Haul van to the costs of professional movers and packers depending on what the tenant paid to move.  Storage expenses are commonly ordered where a tenant has had to rent a storage locker for the contents of the unit while they wait for a new rental to become available as part of the move. Finally come the administrative fines from the board, these have a maximum of $35,000.00 on their own.

Originally Published in Al Mohajer Newspaper, February 2019

As always, remember that this blog should not be taken as legal advice and is no substitute for a consult about your specific facts. If you have questions, call Jon today at 519-564-3242 to see how he can help you.

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