T5 Bad-Faith Eviction: Damages When Your Landlord Lied to Move You Out
If your Ontario landlord evicted you on an N12 (personal use) or N13 (renovation) notice and then re-rented the unit or never moved in, you may be entitled t...
Frequently Asked Questions
How long do I have to file a T5?
One year from the day you moved out (RTA s. 57(1)). The deadline runs from the date of vacating, not from the date of the eviction order or the notice.
What damages can I get on a T5?
The LTB can award the increase in rent you pay at comparable accommodation for one year, moving costs, general damages, and up to 12 months of the rent you previously paid. The 12-month-rent figure can be very substantial — for a $2,000/month tenancy, the upper bound on that category alone is $24,000.
What if my landlord did move in but only briefly?
The RTA requires the landlord (or family member, or purchaser) to occupy the unit for at least one year. A brief stay followed by re-renting can still support a T5 application. The landlord must provide a reasonable explanation, which they often cannot.
What if I cannot find out who lives there now?
Section 57(2) creates a rebuttable presumption that re-renting at higher rent within one year was bad faith. Once the tenant establishes the unit was re-rented or used differently than the stated reason, the burden shifts to the landlord. Tenants often succeed without complete information about the current occupant.
Was I supposed to receive one month's rent when the N12 was served?
Yes, in most cases. Section 48.1 of the RTA requires landlords serving an N12 to pay one month's rent as compensation before the termination date. Unpaid compensation can be added to the T5 claim.
Contact Legal Assist
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