Landlord and Tenant Issues

What can a tenant do if the landlord evicted them in bad faith?

Last updated October 7, 2026.

If you moved out because of an N12 or N13 notice and the landlord, family member or buyer never moved in, or the work never happened, you can file a T5 application with the Landlord and Tenant Board (LTB) within one year after you moved out. The Board can order your rent difference for a year, moving costs, general compensation of up to 12 months' rent and a fine. A separate T5 for a refused right to return after renovations has a longer deadline.

A T5 is filed by a former tenant, so it is usually the last chapter of a "no-fault" eviction that did not turn out as promised. Our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal in Hamilton, works on LTB applications like this one, for tenants and for landlords responding to them.

How does a T5 bad-faith claim work, step by step?

The rules come from sections 57 and 57.1 of the Residential Tenancies Act, 2006, several of which changed on September 21, 2026, read with the LTB's current T5 instructions and Interpretation Guideline 12.

Check that you can apply. The application is for a former tenant who moved out because of a landlord's N12 or N13, or because of an LTB application or order based on that notice (s. 57(1)). The LTB instructions say you cannot apply while you still live in the unit, and that moving out under an eviction order does not stop you from applying.
Pick the reason that fits. The T5 form has four reasons: an N12 for the landlord's own use (Reason 1), an N12 for a buyer's own use (Reason 2), an N13 for demolition, conversion or renovation (Reason 3), and a refused right to move back in after renovations (Reason 4, under s. 57.1).
Collect your evidence. Bad faith, in the LTB's words, means there was no genuine intention to occupy the unit or to do the work. Rental listings, sale listings, photos, mail addressed to new occupants and what neighbours saw can all matter. Write down dates as you go.
Name the right people. Name the landlord who served the notice. If the notice was for a buyer, the LTB guideline says the purchaser should be named too, and the T5 instructions warn that leaving the purchaser off can stall the hearing.
File on time. For Reasons 1 to 3, the Board must receive the application no more than one year after you moved out (s. 57(2)). For Reason 4, the deadline is the later of two years after you moved out or six months after the work was finished (s. 57.1(2), in force September 21, 2026). The fee is $53, or $48 through the Tribunals Ontario Portal. Use the current T5 form: the LTB replaced it on September 21, 2026 and says older versions will not be accepted after November 30, 2026.
Choose your remedies and explain the amounts. The form asks you to tick each remedy and show how you calculated it, for example new rent minus old rent, times 12 months.
The hearing. As the applicant, you must prove each part of the test. For an N12 given for the landlord's own use, the Act presumes bad faith in certain situations, and then it is up to the landlord to prove otherwise on a balance of probabilities (s. 57(5) and (6.1)). The Board can find bad faith even if it earlier found the notice was given in good faith (s. 57(4)).
The order. If you prove your case, the Board can make one or more of the orders in section 57(3). Either side can ask the LTB to review an order within 15 days (s. 209(3)); see what to do if you disagree with an LTB order.

What the LTB can order on a T5 (Residential Tenancies Act, 2006, s. 57(3), read October 7, 2026)
Remedy	What it covers	Limit
Rent difference	Any increased rent you pay because you had to move	The one-year period after you moved out
General compensation	An amount for how the bad-faith eviction affected you, even with no expenses	Up to 12 months of the last rent you were charged
Moving and storage	Reasonable out-of-pocket moving, storage and similar costs	Actual costs paid or to be paid
Rent abatement	A refund of some or all rent for a period	Decided by the Board
Administrative fine	Paid by the landlord to the Board, not to you	Up to the greater of $10,000 and the Small Claims Court limit, now $50,000
Other orders	Anything the Board considers appropriate, which the LTB says can include moving back in if the unit is not re-rented	Decided by the Board

The Board can order payment of money only up to the greater of $10,000 and the Small Claims Court limit (s. 207(1)), and that limit is $50,000 under O. Reg. 626/00. If you claim at the LTB, any amount over that is gone once the order issues (s. 207(3)). A claim above the limit belongs in the Superior Court of Justice, which is outside paralegal scope: for that you would need a lawyer.

When does the law presume bad faith?

For an N12 given under section 48 (the landlord, their spouse, a child or parent of either, or a caregiver), the Act presumes the notice was given in bad faith if, between the day the notice was given and one year after you moved out, the landlord advertised the unit for rent, rented it to someone else, advertised the unit or building for sale, demolished it, or took any step to convert it to a non-residential use (s. 57(5) and (6)).

A second presumption applies to T5 applications filed on or after September 21, 2026 (s. 57(6.1) and (7)). Under O. Reg. 240/26, if nobody on the section 48 list moved in within 60 days after the termination date in the notice (when you left by that date), or within 60 days after you actually left (when you left later), bad faith is presumed. Either way the landlord can still rebut the presumption at the hearing. These presumptions do not apply to a buyer's N12 or to an N13, where you must prove bad faith without them. Our page on when a landlord can use an N12 to move in or house family explains the notice side of these rules.

What changes the answer?

Which notice you received. A buyer's N12 (s. 49) has no presumption and no stated one-year occupancy rule, so the evidence matters more. If you moved out after a sale, start with what happens when your landlord is selling the house.
Whether the person moved in and stayed. The T5 instructions say you cannot apply under Reason 1 if the person named in the notice moved in within a reasonable time and lived there for at least one year.
Whether it was a renovation. For an N13, the question is whether the landlord did the work within a reasonable time (s. 57(1)(c)). If you gave written notice that you wanted to return and the landlord refused, did not keep you informed, or did not give you 60 days to move back in, that is Reason 4 (ss. 53 and 57.1). See how an N13 for renovations or demolition works.
Hamilton's renovation licence. For renovation evictions in Hamilton, a City licence and tenant supports also apply; see Hamilton's renovation licence by-law.
Unpaid compensation. If the landlord never paid the one month's rent (or more, for some N13s) owed with the notice, the LTB guideline says you can claim it in the T5 if you ask clearly, or in a separate T1.
Pressure without a proper notice. If you were pushed out by threats or interference rather than a notice, the better fit may be a T2; see how a T2 for harassment or interference works. The LTB guideline also lists decisions where the Board looked at whether a landlord's messages amounted to an N12 or N13.
A prosecution as well. Obtaining possession by giving a notice in bad faith is an offence (s. 233(k)). Since July 1, 2026 the maximum fine is $100,000 for an individual and $500,000 for a corporation (s. 238). The Province's Rental Housing Enforcement Unit can investigate and prosecute in the Ontario Court of Justice, separate from your T5.

A worked example

For example, imagine a Hamilton tenant named Marcus who paid $1,400 a month. On October 15, 2026 his landlord, an individual, handed him an N12 saying the landlord's daughter would move in, with a termination date of February 28, 2027. Because the notice was served after September 21, 2026 and gave more than 120 days, no compensation was owed.

Marcus moves out on February 28, 2027 into a unit that costs $1,600. His movers charge $900, and he keeps the receipt. The daughter has not moved in by April 29, 2027, 60 days after the termination date, and in June he sees his old unit listed for rent at $1,900. Both presumptions now point to bad faith.

Marcus has until one year after February 28, 2027 to file. On the T5 he could ask for the rent difference of $200 a month for 12 months ($2,400), his $900 moving cost, general compensation of up to 12 times his last rent ($16,800 at most), and a fine payable to the Board. The landlord can still try to prove the plan was genuine, for example that the daughter's job fell through after the notice; the Board weighs what happened after the notice too. This is a made-up example to show the arithmetic, not a real case or a predicted result.

What mistakes do tenants make with a T5?

Waiting too long. The one-year deadline in section 57(2) is strict, and O. Reg. 516/06 (s. 56) says the Board cannot extend filing deadlines it is not expressly allowed to extend.
Not keeping proof. Listings disappear. Take dated screenshots and save the link the day you see them, and keep your old and new leases and moving receipts.
Leaving out the buyer. On a purchaser's N12, the buyer's details belong on the T5 Schedule of Parties.
Losing the right to return. For a renovation, the right of first refusal exists only if you told the landlord in writing before you moved out, and you must tell the landlord in writing about any change of address (s. 53(2) and (4)).
Claiming more than the Board can award without thinking it through. Anything over $50,000 is extinguished once the LTB order issues (s. 207(3)).
Asking for vague amounts. The Board needs numbers it can check, so show your calculation for each remedy.

What to do this week

Write down the date you moved out and the termination date on the notice, then mark the one-year deadline (or the Reason 4 deadline) on your calendar.
Find the notice itself, any compensation receipt, and any written notice you gave about returning after renovations.
Search rental and sale listings for the address and save dated screenshots of anything you find.
Gather your new lease, moving and storage receipts, and any other costs caused by the move; our article on documentation in landlord and tenant disputes has general tips.
Work out each remedy amount and how you calculated it.
Download the current T5 form and the Schedule of Parties, and check you have current addresses for everyone you are naming.
If you are unsure which reason fits, or the amounts are large, get advice before you file.

Frequently asked questions

What does "bad faith" mean at the LTB?

The LTB's T5 instructions describe it as having no genuine intention to occupy the unit (for an N12) or to do the work (for an N13). The landlord's motives are not the test; the question is whether the stated plan was real, and the Board can look at what happened after the notice as well as when it was given.

Can I get my old apartment back?

Possibly. The LTB guideline says the Board can consider an order letting the former tenant move back in if the unit has not already been rented to another tenant. For a refused right of first refusal after renovations, the guideline also lists repossession as a possible remedy.

Do I have to show I lost money?

Not for general compensation. Section 57(3) allows up to 12 months of your last rent whether or not you had actual expenses. The rent difference and moving costs, though, need proof of what you paid.

Will the landlord be charged with an offence?

Not automatically. A T5 is a civil claim at the Board. A prosecution is a separate step taken by the Province, and it can be raised with the Rental Housing Enforcement Unit; the limitation period for most offences under the Act is two years (s. 239(2)).

The LTB already found the landlord acted in good faith. Can I still file?

Yes. Section 57(4) lets the Board find bad faith on a T5 despite an earlier finding of good faith on the landlord's eviction application, and the LTB guideline says a T5 may succeed even after a consent order.

Can I try mediation?

The LTB can provide a mediation session before the hearing, and Ontario describes mediation as a faster, less formal way to resolve a dispute; see how mediation at the LTB works. Neither side has to agree.

Can a landlord defend a T5?

Yes. The landlord can give evidence that the plan was genuine and that things changed for real reasons, and where a presumption applies, the landlord has the chance to rebut it on a balance of probabilities. Landlords served with a T5 should gather proof of the move-in or the work right away.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.