What is a T5 application?
A T5 is the Tenant Application about a Landlord Gave a Notice of Termination in Bad Faith. It is filed with the Landlord and Tenant Board when a tenant believes the landlord used a notice of termination for an improper or dishonest purpose. The application can relate to notices such as an N12, used for a landlord's or purchaser's own use, or an N13, used for demolition, conversion, or extensive repairs.
The Residential Tenancies Act, 2006 provides the legal framework for residential tenancies in Ontario and gives the LTB authority to decide these disputes.[1] A T5 is not an appeal of every eviction decision, and a tenant must show facts supporting the claim rather than relying only on suspicion.
When might an eviction be in bad faith?
Bad faith generally means the stated reason for ending the tenancy was not honestly intended or was not carried out as required. For example, a landlord might say that a close family member will move into the unit, but later advertise it for a higher rent without a genuine change in circumstances. A tenant may also raise concerns when promised repairs never begin, the unit is quickly re-rented, or the landlord's statements and later actions do not match.
- Save the termination notice, lease, rent records, messages, and other documents connected with the eviction.
- Record dates showing when you moved out, when work was supposed to begin, and when the unit was advertised or occupied again.
- Keep lawful copies of advertisements, photographs, emails, text messages, and witness contact information.
- Compare the landlord's stated reason with what actually happened after the tenancy ended.
What remedies can the LTB order?
If the LTB finds that a landlord gave a notice in bad faith, it may order remedies allowed by the Residential Tenancies Act, 2006. Depending on the evidence, a tenant may seek compensation for moving expenses, increased rent, storage costs, and other reasonable losses. The Board may also consider the difference between the former rent and a higher rent paid elsewhere, subject to the law and the evidence.
A tenant should explain each amount claimed and provide supporting records. Receipts, bank statements, rent agreements, moving invoices, and a written calculation can make a claim easier to assess. The LTB decides what remedy is appropriate based on the facts of the individual case.
Evidence that may support your application
The strongest evidence usually connects the notice, the tenant's move, and what the landlord did afterward. Organize documents in date order and keep the original files where possible. If another person has direct knowledge, ask whether they can provide a statement or attend the hearing.
- A copy of the landlord's notice of termination and any related LTB application or order.
- Messages or letters discussing the reason for termination, moving arrangements, repairs, or re-renting.
- Listings, screenshots, photographs, or other records showing how the unit was used after you left.
- Receipts and calculations for rent increases, transportation, storage, cleaning, utilities, and other claimed losses.
Evidence should be obtained lawfully and presented accurately. Do not edit screenshots in a way that removes relevant context, and identify when and where each record came from.
How to file a T5 application in Ontario
Use the current T5 form available through the LTB's official forms service.[2] The form asks for information about the tenancy, the notice, the reason given, the date you moved out, and the remedies you want. For example, if you left after receiving an N12 and later found the home advertised to new tenants, describe the dates, attach the notice and advertisement, and calculate your documented losses.
The N12 and N13 are landlord notices, not applications that a tenant files. If one of these notices was involved, include a copy with the T5 and explain why the later events suggest the notice was not given or used in good faith. The T5 form instructions identify filing requirements, fees, service, and available submission methods, so check the current version before filing.
- Complete every relevant part of the current T5 form and identify the rental unit, landlord, tenancy dates, notice, and requested remedies.
- Attach organized evidence and a concise timeline that links each document to your claim.
- Calculate each financial loss separately and attach receipts or other proof of the amount.
- File the application with the LTB using its current instructions and keep a complete copy of everything submitted.
- Serve the landlord as required and retain proof of service, such as the approved confirmation or delivery record.
- Attend the hearing, answer questions directly, and refer to your documents by date and subject.
Deadlines, service, and hearing preparation
Check the current T5 form and LTB rules for the applicable filing deadline. Missing a deadline can create a serious problem, so do not wait until you have collected every possible document before starting the process. File what you can, then follow the LTB's process for adding or exchanging evidence.
After filing, read every notice from the LTB carefully. It may contain a hearing date, mediation information, disclosure deadlines, or instructions for attending by video, telephone, or in person. Update your address and contact information if they change, and keep proof that documents were served.
For practical guidance about ending a tenancy and documenting a move, review How to Properly End Your Rental Agreement as a Tenant. If you need another home after moving, you can Search Canadian rentals with interactive map view.
Questions to ask before filing
- What exact reason did the landlord give for ending the tenancy?
- What date did you receive the notice and what date did you move out?
- What happened to the unit after you left, and how can you prove it?
- What losses are you claiming, and which records support each amount?
FAQ
- Can I file a T5 if the landlord never filed an eviction application?
- Possibly. A T5 concerns a notice of termination allegedly given in bad faith, so a tenant may have a claim even when the landlord did not obtain an eviction order, provided the legal requirements and deadline are met.
- Does a higher rent after I move prove bad faith?
- No. A higher rent can be relevant evidence, but it does not by itself prove that the original reason was dishonest. The LTB considers the full circumstances and evidence.
- What if the landlord says circumstances changed?
- Explain the timeline and provide evidence. A landlord may have a legitimate change in circumstances, and the LTB will assess whether the notice was given and used in good faith based on the facts.
- Can I claim moving costs?
- You may ask for reasonable losses connected to the bad faith termination, including documented moving-related costs, but the LTB decides whether an amount is legally recoverable and supported by evidence.
How-To
- Get the current T5 form and read its instructions.
- Gather the notice, timeline, communications, advertisements, witness information, and financial records.
- List each remedy and calculate the amount supported by your documents.
- File the T5 with the LTB and keep a complete copy.
- Serve the landlord according to the LTB's instructions and keep proof.
- Prepare for and attend the hearing, mediation, or other scheduled proceeding.
Help and Support / Resources
- Landlord and Tenant Board for applications, hearings, procedures, and contact information.
- LTB forms for the current T5 application and related notices and instructions.
- Residential Tenancies Act, 2006 for Ontario's residential tenancy legislation.
