If you rent in Ontario and you receive an N12 or N13 notice, it can be stressful and confusing. Tenants often worry about wrongful evictions, sudden rent increases, or losing a home because a landlord claims they need the unit for a purchaser or major renovations. This guide explains what constitutes a bad-faith N12 or N13 application, how fines and penalties can apply, and practical steps renters can take to protect their rights in Ontario. It uses plain language, points you to the official forms and tribunal, and shows what evidence can help if you challenge a notice.
What is a bad-faith N12 or N13 application?
An N12 is the landlord's notice to end a tenancy because the landlord, purchaser or immediate family member will move into the unit; an N13 is used when the landlord proposes demolition, conversion to non-residential use, or major repairs or renovations that make the unit unsafe to occupy. A bad-faith application is when the landlord files or serves the notice without the genuine intention to follow through, such as falsely claiming a purchase or renovation to remove a tenant. Tenants can raise bad-faith as a defence at the Landlord and Tenant Board [1] and rely on the Residential Tenancies Act, 2006 [2].
How fines and penalties work in Ontario
The Landlord and Tenant Board can order remedies when it finds a landlord acted in bad faith. Remedies may include dismissing the eviction, awarding the tenant compensation, or imposing fines. Compensation can cover moving costs, rent difference if a tenant must find a more expensive unit, or other losses caused by the bad-faith notice. If the Board finds a serious abuse, it can also refer matters for enforcement or further legal action. Always bring documentation, photos, messages, receipts and witness details to show the landlord lacked a genuine motive.
What tenants should collect and save
- Record all communication with your landlord, including texts, emails and letters.
- Document dates when you received the N12 or N13 and keep a copy of the notice.
- Save receipts for moving costs, storage, and any extra rent paid after an eviction decision.
- Take dated photos showing the condition of the unit before any claimed renovations.
How to respond right away
Respond promptly: you usually have a limited time to file an application or a written response with the Board. Start by asking the landlord for clarification in writing about their stated reason. If you believe the notice is bad-faith, gather your evidence, consider asking for legal help or community legal clinic support, and prepare to file a tenant application to oppose the termination and request compensation. You can also look for alternative housing options while you dispute the notice; Find rental homes across Canada on Houseme may help you find nearby listings quickly.
Filing an application with the Board
To challenge an N12 or N13 you typically file a tenant application with the Landlord and Tenant Board. The application asks for the facts, your requested outcome (for example: dismissal of eviction, compensation), and supporting evidence. There are specific forms and filing instructions on the Board's website. You may be required to attend a hearing where both sides give evidence and the adjudicator decides.
Common tenant steps before and at a hearing
- File your response or application within the time limit set by the Board.
- Prepare and bring relevant forms and organized evidence to the hearing.
- Contact a legal clinic or tenant adviser for help preparing your case.
- Attend the hearing and present witnesses or documents that show the landlord lacked legitimate intent.
FAQ
- Can I stay in my rental if the Board finds the N12/N13 was in bad faith?
- Yes. If the Board finds no valid reason for eviction it can dismiss the application and order the tenant to remain in the unit, sometimes with compensation awarded for costs or loss.
- What proof helps show bad faith?
- Evidence includes contradictory statements from the landlord, proof the unit wasn’t sold or renovated, timelines that don't match, messages showing intent to remove a tenant for re-renting, and receipts or photos that contradict the landlord's claim.
- Are there fines for landlords who file bad-faith notices?
- The Board can award compensation and order other remedies; in some cases fines or penalties may be applied through enforcement mechanisms if misconduct is serious.
How-To
- Identify the exact date you received the N12 or N13 and read it carefully for claimed reasons and deadlines.
- Gather evidence: copies of the notice, communications, photos, receipts and witness names to support your position.
- File a tenant application or response with the Landlord and Tenant Board and attend the hearing with your organized evidence.
Help and Support / Resources
- Landlord and Tenant Board hearings and resources
- LTB notice and application forms
- Residential Tenancies Act, 2006 (legislation)
