4. Apply to the Landlord and Tenant Board

If the person does not move in, takes too long to move in, or does not live there for at least one year, you can apply to the (LTB) using Form T5: Landlord gave a Notice of Termination in Bad Faith.

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 pay 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  against your landlord, you might have a problem enforcing it if the name is not exactly right.

Reasons

Part 2 asks why you're applying to the LTB. Choose Reason 1. If your landlord did not give you a Form N12, you should still choose this box. But it's a good idea to get legal help. You'll need to show the LTB that you were evicted because the landlord wanted to move in. For example, they told you to move out in a text message.

There is a large box for you to give details about what happened and why you think the landlord did not act honestly when they evicted you. You can add extra pages if this is not enough room.

Remedies

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

Remedy Notes
Rent abatement
  • you can get some of the rent back that you paid in the last 12 months
  • this is usually given because of stress you experienced looking for a new place to live
Fine to the LTB
  • this is given when a landlord has behaved very badly, for example, when the landlord ignored many rules in the RTA
  • this is not part of the $35,000 limit
Difference in rent between the rental unit and your new place
  • you can get the difference in rent for one year after you were evicted
  • include all costs that are part of your rent, for example, parking or utilities
  • if your new place is a different size or in a different location from the rental unit, you should include rental listings for units that are similar to your old place to show the difference in cost
Moving and storage expenses
  • examples include airfare, renting a moving truck or storage locker, forwarding mail, buying gas
  • it's important to keep receipts
General compensation
  • the most you can get is an amount equal to the last 12 months of rent at the rental unit
  • you can get this even if you did not spend any money getting a new place
  • this is given for the negative life impact of having to move out, for example, children needing to switch schools, moving further from your job, moving into a smaller space
Other
  • you can ask for anything else related to being evicted

Some examples:

  • higher utility costs because they're not included in your new rent
  • set-up fees for internet or utilities
  • loss of employment income

You can also ask to move back into the rental unit, if it has not been rented to someone else already.

How much you can ask for

The most money you can ask for at the LTB is $35,000. 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 $9,500. If the LTB charges a fine, that amount is not part of your remedies.

Hide this website