Form T5: Bad-Faith Termination Claims in Ontario
If you’re a tenant in Ontario facing eviction or have already lost your home due to a landlord’s claims about personal use, renovations, or another reason — but you believe the eviction was not genuine — you may have the right to compensation. The Ontario Landlord and Tenant Board (LTB) provides Form T5: Application re: Landlord Gave a Notice of Termination in Bad Faith to protect tenants from eviction done in bad faith under the Residential Tenancies Act, 2006.[1] Understanding how and when to use Form T5 can help you seek compensation if your landlord misused termination rules.
What Is Bad-Faith Termination?
"Bad faith" means your landlord gave you a notice to end your tenancy for a reason permitted by law, but that reason wasn’t true. Common notices subject to misuse include claims that the landlord, their close family, or a purchaser needs to move in, or that major repairs require you to leave. If the landlord didn’t follow through — for example, they rented out the unit to someone else right after, or didn’t do the promised repairs — this could be considered bad faith.
What Is Form T5 – Application for Bad‑Faith Termination?
Form T5 is an official application to the Ontario Landlord and Tenant Board. It allows tenants to request compensation if they believe their landlord ended their tenancy for personal use, renovations, or similar reasons, but did not act in good faith.
- Form Name and Number: Application – Landlord gave a Notice of Termination in Bad Faith (T5)
- Official Source: Download Form T5 on the LTB website
When to Use Form T5: File this form if you've been served with an N12 or N13 notice (for personal use or renovations/repairs) and suspect your landlord didn’t truly need the unit for that stated purpose.
How Does the Process Work?
After being evicted, if you discover the landlord never moved in, or didn’t do the major renovations, you can apply for relief using Form T5. You must submit your application within one year of moving out. The LTB reviews your case and may order your landlord to pay compensation or even allow you to move back, depending on the circumstances.[2]
Eligibility and Requirements
- Your tenancy ended because of a landlord notice citing personal use, repairs, or related exemptions.
- You have evidence the landlord’s stated reason was false or not followed through (e.g., the unit was re-rented or put on Airbnb).
- You apply within a year after moving out.
This helps protect tenants from losing their housing unfairly and discourages landlords from abusing the process.
How to Apply Using Form T5
Use these simple steps to get started if you suspect a bad-faith eviction:
- Download and complete Form T5 from the LTB website.
- Gather supporting documentation (old rental agreement, eviction notice, proof that unit wasn’t used as claimed).
- Submit the form to the Ontario Landlord and Tenant Board online, by mail, or in person, and pay the filing fee (waivers may be available for financial hardship).
- Attend your scheduled hearing to present your evidence and explain your situation.
- Await the decision; remedies may include compensation or potential re-occupancy.
Tenants should document all communications and keep copies of any notices or evidence, as this will be important if your claim is challenged.
What Could You Receive?
- Compensation up to 12 months’ rent
- Moving expenses
- Out-of-pocket costs linked to the bad-faith eviction
- Rarely, the right to move back into the rental unit
Each case is unique. The LTB reviews the facts and determines a fair remedy.
Which Board Handles Your Application?
The Ontario Landlord and Tenant Board oversees residential rental disputes, including bad-faith termination claims. Visit their site for forms, resources, and contact details.
Your Rights as a Tenant in Ontario
Understanding your rights helps you respond effectively to unfair treatment. The rules for evictions, compensation, and landlord obligations are clearly outlined in the Residential Tenancies Act, 2006.[1] For a full overview, review Tenant Rights in Ontario.
If you suspect your landlord acted in bad faith, you’re not alone. Common Issues Tenants Face and How to Resolve Them offers more help for tenants dealing with problematic rental situations.
Looking for a home where your rights matter? Find rental homes across Canada on Houseme and choose with confidence.
FAQ: Bad-Faith Evictions and Form T5 in Ontario
- What evidence do I need for a bad-faith termination claim? Provide proof your landlord didn’t use the unit for the claimed purpose, such as ads showing it was re-rented, statements from new tenants, or listing screenshots.
- How long do I have to apply with Form T5? You must file within 12 months from the date you moved out due to the eviction notice.
- What happens if the LTB agrees with my Form T5 application? The Board may order your landlord to pay compensation (like up to 12 months’ rent, moving costs), or, in limited cases, allow you to move back.
- Can I still apply if I moved out voluntarily but received an N12 or N13 notice? Yes, if you moved out because of the landlord’s notice, even if you left before a formal hearing, you can use Form T5.
- Do I need a lawyer to file Form T5? No, you don’t need a lawyer. Legal clinics and tenant advisors can assist you at no or low cost.
Conclusion: Key Takeaways for Tenants
- Form T5 protects tenants from bad-faith evictions in Ontario.
- You must apply within one year of moving out and provide evidence of your landlord’s actions.
- Compensation or re-occupancy may be available if the LTB finds wrongdoing.
Stay informed and act quickly to protect your housing and legal rights.
Need Help? Resources for Tenants
- Ontario Landlord and Tenant Board: Forms, FAQs, and contact information
- Government of Ontario – Renting in Ontario: Your rights
- Ontario Tenant Assistance and Advocacy clinics
- Contact local community legal clinics or tenant hotlines for advice and representation
- Ontario, Residential Tenancies Act, 2006, S.O. 2006, c. 17
- Ontario Landlord and Tenant Board – Official Website
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