Abuse of Process at the LTB: When Your Landlord Weaponizes the System
Some landlords misuse the LTB to harass tenants — filing baseless applications, serving retaliatory notices, or pursuing bad-faith evictions. This guide expl...
Frequently Asked Questions
Can a landlord be declared a vexatious litigant at the LTB?
Yes. Under LTB Rule A8, the Board can declare a person a vexatious litigant if they have persistently instituted vexatious proceedings. Once declared, that person must obtain leave of the Board before filing any further applications.
What is the difference between a T2 and a T5 application?
A T2 is for tenants still in the unit — it covers harassment, interference with reasonable enjoyment, illegal entry, and similar conduct. A T5 is for former tenants who were evicted through a bad-faith N12 notice and can claim rent differential, moving costs, and up to 12 months of rent in general compensation.
Can the LTB refuse to grant an eviction if it is retaliatory?
Yes, and it must. Under section 83(3), the Board shall refuse to grant an eviction where the application was brought because the tenant complained to a government authority, attempted to enforce their legal rights, or is organizing a tenants' association.
What damages can I get on a T2 for landlord harassment?
Remedies include rent abatement, an order prohibiting the conduct, out-of-pocket costs, and an administrative fine up to $50,000. If the harassment induced you to vacate, you can also claim rent differential and moving costs.
How long do I have to file a T5 after a bad-faith eviction?
One year from the date you vacated the unit, under section 57(2). This is a strict deadline — do not let it pass. If the landlord advertised the unit, rented it to someone else, or listed it for sale within that year, bad faith is presumed and the landlord must prove otherwise.
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