4. Apply to the Landlord and Tenant Board

If the person does not move in or takes too long to move in, you can apply to the Landlord and Tenant Board (LTB) using Form T5: Landlord gave a Notice of Termination in Bad Faith. On this form, the buyer is called the “purchaser”.

You can fill in the Form T5 on paper or electronically. You can also fill in and send your Form T5 online through the Tribunals Ontario Portal.

General information

Part 1 of the form asks for general information about you and your landlord, and the address of the rental unit. Your landlord might be a person or a company.

Make sure you identify your landlord correctly. If you're not sure who your landlord is, you can name whoever you paid rent to.  You can also look at a copy of your rental agreement or any other letters or notices from your landlord.

If the LTB makes an order against your landlord, you might have a problem enforcing it if the name is not exactly right.

Include the buyer

If you know the name of the buyer, you should add them to your Form T5. The LTB might decide that the buyer is the person who acted dishonestly and owes you money. The buyer is also called the “purchaser”.

To add the buyer to your Form T5, fill out a Schedule of Parties. For the buyer's role, choose the box “Landlord”.  Send the completed Schedule with your Form T5.

If you're using the Tribunals Ontario Portal, go to the “Landlord Information” part of the application. You might have to click the “Back” or “Save and Next” buttons to find this page. There is a button that says “Add another landlord”. Click this button and enter information about the buyer.

Reasons

Part 2 asks why you're applying to the LTB. Choose Reason 2.

If your landlord did not give you a Form N12, you should still choose Reason 2. But it's a good idea to get legal help. You'll need to show the LTB evidence that you were evicted because your landlord said the buyer wanted to move in. For example, your landlord told you to move out in a text message.

Under “Describe in Detail”, there is a box for you to explain what happened and why you think the landlord or the buyer did not act honestly when your landlord evicted you. You can add extra pages if this is not enough room.

Write about things in the order that they happened. Include as much detail as you can. For example:

• the dates when things happened
• the full names and roles of the people involved
• when and how your landlord told you to move out

Remedies

In Part 3 of the form, you choose what kind of orders you want the LTB to make. These orders are sometimes called remedies.

The most money you can ask for at the LTB is $50,000. This is for all the remedies together. For example, if you ask for $1,500 in moving expenses and $24,000 in general compensation, the most you can ask for in other remedies is $24,500. If the LTB orders a fine, that amount is not part of your remedies.