T5 Bad Faith Eviction Application in Ontario: Tenant Remedies Explained

A T5 application is a claim a tenant may file with the Landlord and Tenant Board (LTB) when they believe a landlord served a termination notice in bad faith.

This most commonly occurs after a tenant receives an N12 Notice for landlord’s own use or an N13 Notice for renovation, demolition, or conversion. If the landlord did not genuinely intend to use the property for the stated purpose, the tenant may be entitled to compensation.

In Ontario, tenants generally have up to one year after moving out to file Form T5 – Tenant Application: Landlord Gave a Notice of Termination in Bad Faith.

What Is a T5 Application for Bad Faith Eviction in Ontario?

A T5 application allows a tenant to ask the Landlord and Tenant Board to determine whether a landlord served a termination notice dishonestly.

Bad faith situations may include cases where a landlord:

• never moved the specified person into the unit after serving an N12 Notice

• re‑rented the unit shortly after the tenant moved out

• sold the property without occupying it

• never carried out renovations claimed in an N13 Notice

The Board examines the evidence to determine whether the landlord genuinely intended to use the property as stated in the notice.

When Can a Tenant File a T5 Application?

A tenant may file a T5 application if they moved out after receiving:

• an N12 Notice (landlord’s own use)

• an N13 Notice (renovation, demolition, or conversion)

The application must generally be filed within one year of the tenant vacating the rental unit.

Evidence often considered by the Board includes:

• whether the landlord or family member actually moved into the unit

• whether the unit was re‑advertised for rent

• whether the property was quickly sold

• whether renovations were completed as claimed

What Compensation Can Be Awarded in a T5 Application?

If the Landlord and Tenant Board finds that the notice was served in bad faith, it may order several remedies.

Moving Expenses

Tenants may recover reasonable relocation costs such as:

• truck or van rentals

• professional movers

• packing services

Storage Costs

Compensation may also include storage expenses where tenants had to temporarily store their belongings while securing new housing.

Rent Differential

In some cases, tenants may be compensated for the difference between their previous rent and the higher rent paid for a new unit.

Administrative Fines

The Board may also impose administrative fines against a landlord in serious cases of bad faith eviction.

Final Considerations About T5 Applications

Bad faith eviction claims are taken seriously by the Landlord and Tenant Board. Serving an N12 or N13 Notice without genuine intent can expose landlords to financial liability and legal consequences. Tenants who believe they were required to move because of a dishonest notice may have the right to bring a T5 application within one year of leaving the rental unit.

This article provides general information only and does not constitute legal advice. Individuals involved in landlord‑tenant disputes may wish to obtain legal guidance regarding their specific circumstances.