- A T5 application lets a former tenant claim compensation when a landlord gave an N12 or N13 notice in bad faith.
- Red flags include the unit being re-listed at a higher rent shortly after you left, no one moving in, or renovations that never happened.
- Remedies can include a rent differential (the gap between your old rent and your new higher rent), moving costs, out-of-pocket losses, and general compensation — plus possible fines.
- There is a time limit — generally one year from when you moved out — so act promptly.
- The law now presumes bad faith in some situations where a landlord fails to use the unit for the stated purpose within a reasonable time.
The Short Answer
If your landlord evicted you for “personal use” (an N12) or renovations (an N13) but did not actually use the unit for that purpose — instead re-renting it, often at a higher price — that may be a bad-faith eviction. As a former tenant you can file a T5 application with the Landlord and Tenant Board and claim compensation, including the difference between your old and new rent, moving costs, and general damages. There is generally a one-year deadline. If this happened to you, our landlord and tenant lawyers can assess the claim.
What Counts as Bad Faith
Bad faith means the stated reason for the eviction was not the real reason. An N12 requires a genuine intention for the landlord, a purchaser, or a specified close family member to move in and live in the unit. An N13 requires genuine demolition, conversion, or renovations extensive enough to need the unit vacant. If that intention was never real — or the landlord abandoned it in favour of a higher-paying tenant — the notice was given in bad faith.
Red Flags to Watch For
- The unit is advertised for rent again soon after you leave — especially at a higher price
- No one moved in — not the landlord, the purchaser, or the named family member
- The “extensive renovations” were minor or never happened
- A different tenant is now living in your old unit
- The unit was listed for sale shortly after an N12 for a purchaser's use
Set alerts for your old address on rental sites for the months after you leave. A re-listing at a higher rent is often the single most powerful piece of T5 evidence — but only if you capture it with the date before it disappears.
The T5 Application
A T5 (Tenant Application — Landlord Gave a Notice of Termination in Bad Faith) is filed after you have moved out. You set out the notice you received, why you believe it was not genuine, and the losses you suffered. The Board then decides whether the notice was given in bad faith and what compensation is appropriate.
What You Can Recover
- Rent differential — the gap between your old rent and your new, higher rent, often for up to a year
- Moving and storage costs
- Other out-of-pocket expenses caused by the move
- General compensation for the disruption and inconvenience
- A possible administrative fine payable to the Board in serious cases
The One-Year Deadline
A T5 must generally be filed within one year of moving out. Evidence like online re-listings is often removed within weeks, so gather proof and get advice as early as possible — waiting can cost you both the evidence and the claim.
Evidence That Wins T5 Cases
- Dated screenshots of the re-listing showing address and rent
- The original N12 or N13 notice and any related communications
- Your new lease and moving receipts (to prove the rent gap and costs)
- Photos or records showing the promised renovations did not occur
- Any indication of who actually lives there now
What Landlords Should Get Right
- Only serve an N12 or N13 when the stated purpose is genuine and you can follow through
- Actually use the unit for the stated purpose within a reasonable time — and keep proof
- Pay the compensation required at the notice stage
- Understand that re-renting at a higher price soon after can trigger a presumption of bad faith
Common Mistakes
Tenants who see the unit re-advertised but do not screenshot it (with the date) lose their best evidence.
The roughly one-year window closes fast. File in time or the claim is lost.
An N13 that is not backed by genuinely extensive work invites a bad-faith finding.
A T5 is specifically for former tenants — leaving does not end your rights.
If you suspect a bad-faith eviction, call our Toronto landlord and tenant team at 416-274-2222 before the one-year window closes.
Frequently Asked Questions
It is when a landlord ends a tenancy using a notice like an N12 (personal or purchaser use) or N13 (renovation/demolition) without genuinely intending to use the unit for that stated purpose — for example, evicting you to “move in” but then re-renting to a new tenant at a higher rent.
A T5 is the Landlord and Tenant Board application a former tenant files to claim that the landlord gave an N12 or N13 notice in bad faith. If the Board agrees, it can order the landlord to pay compensation and, in some cases, a fine.
Common signs: the unit is advertised for rent again soon after you left (especially at a higher price), no one — not the landlord, purchaser, or family member — actually moved in, the promised renovations never happened or were minor, or a completely different tenant is now living there. None of these is conclusive on its own, but together they are strong indicators.
It varies with the harm, but awards can include the difference between your old rent and your new (higher) rent for a period of time, moving and storage costs, other out-of-pocket losses, and general compensation for the disruption. In some cases the Board also orders a separate fine payable to the Board.
Yes — generally within one year of the date you moved out. Because evidence (like re-listings) can disappear, it is best to act quickly and gather proof as soon as you suspect bad faith.
The law now includes presumptions of bad faith in certain situations — for instance, where the landlord advertises the unit for rent, re-rents it, or lists it for sale shortly after the tenant leaves without using it for the stated purpose. That can shift the practical burden toward the landlord to explain what happened.
Screenshots of the re-listing (with dates, rent, and address), any new tenancy signs, the original N12 or N13 notice, your moving receipts and new lease, and anything showing the promised use did not happen. Dated evidence is critical.
Not necessarily. A T5 is specifically for former tenants after they have vacated. As long as you are within the time limit (generally one year) and can show the notice was likely given in bad faith, you may still have a strong claim.