How to File a T5 Application After a Bad-Faith Eviction

Before you start: confirm a T5 fits your situation

A T5 application is generally available to a former tenant who moved out (or was evicted) after a landlord served an N12 notice (claiming the landlord, a purchaser, or a close family member would move in) or an N13 notice (claiming demolition, conversion, or extensive renovation), where it later appears the landlord did not actually follow through on that stated reason in good faith. Our overview of bad-faith evictions in Ontario explains the general concept in more depth, but in short, a T5 generally exists to address situations where the stated reason for ending the tenancy turns out to have been pretextual — for example, the unit is quickly re-rented to a new tenant at a higher rent, the claimed renovation never happens, or the family member who was supposed to move in never does.

A T5 is generally only available after the tenant has actually moved out. If you're still in the unit and suspect a notice you've received is not genuine, a T2 application or a defence at the eviction hearing itself may be the more immediate tool; our T2 application guide explains that related process. Timing matters here in a practical sense too: a tenant who moved out voluntarily after receiving the notice, without waiting for an LTB order, generally still has access to a T5 if the facts otherwise support it — you don't need to have gone through a contested eviction hearing first to later question whether the landlord's stated reason was genuine.

Step 1: Confirm the specific grounds for bad faith

Before filing, pin down exactly what makes you believe the landlord didn't act in good faith. Common scenarios generally include:

1. The unit was advertised or re-rented to a new tenant within a relatively short time after you moved out.
2. The claimed renovation, demolition, or conversion never began, or never required the scope of work the N13 described.
3. The landlord, purchaser, or family member named in an N12 never actually moved into the unit.
4. The unit was re-rented at a noticeably higher rent than you were paying.

It's worth noting that a landlord changing plans for a legitimate reason after serving a notice in good faith is generally treated differently than a notice that was never genuine in the first place — the T5 process focuses on the landlord's intent and conduct at the time the notice was given and shortly after, not simply on whether their plans later changed. How quickly the unit reappears on the rental market, how it's advertised, and whether the asking rent is consistent with what a legitimate vacancy would command are all details worth noting carefully, since small inconsistencies in the timeline are often what tip a case one way or the other at a hearing.

Step 2: Gather evidence that the stated reason wasn't genuine

Because a T5 generally turns on what the landlord actually did after you moved out, gathering evidence of the property's status after your tenancy ended is central to the application:

1. Screenshots or saved copies of rental listings for the unit, including the posting date and the asking rent.
2. Any communication from neighbours, a new tenant, or others confirming who is currently living in the unit or what work (if any) has been done.
3. Photos of the exterior or publicly visible parts of the property showing whether renovation work is actually underway.
4. A copy of the original N12 or N13 notice you received, along with your lease and move-out date.
5. Any records of costs you incurred because of the move, such as moving expenses, a new lease at a higher rent, or storage costs.

Dated screenshots matter more than they might seem to at first: a listing that's been edited or taken down can be hard to reconstruct later, so capturing it as soon as you see it, including the full posting with photos, asking rent, and date, generally preserves the evidence in a form the LTB can actually rely on months after the fact.

Step 3: File the T5 through the Tribunals Ontario Portal

The T5 is generally filed online through the Tribunals Ontario Portal:

1. Create or log into your portal account and select the T5 application.
2. Enter the former rental unit address and the landlord's legal name and current address.
3. Describe the original notice (N12 or N13), the date you moved out, and the specific facts suggesting it wasn't genuine.
4. Upload supporting documents, including the original notice, listings, photos, and any related correspondence.
5. Specify the remedies you're seeking, discussed further in Step 4.
6. Review the current filing fee information and submit the application, keeping the confirmation number and a copy of everything filed.

A T5 generally needs to be filed within one year of the date you moved out, so tracking that date carefully, and filing well before the deadline where possible, is generally advisable.

Step 4: Decide what remedies to ask for

A T5 can generally seek more than one type of remedy, and it's worth thinking through which apply to your situation before filing:

1. A rent differential, reflecting the difference between what you were paying and what you're now paying for comparable housing, generally for a defined period.
2. Reimbursement of reasonable moving and related costs.
3. Compensation for any other reasonable out-of-pocket losses directly tied to the move.
4. An administrative fine against the landlord, which the LTB may order separately in appropriate cases, though any such fine is generally payable to the Board rather than to the tenant.

What happens after you file

Once accepted, the LTB will generally schedule a hearing and notify the landlord directly. At the hearing, the former tenant generally bears the burden of showing, on a balance of probabilities, that the landlord did not have a genuine intention to carry out the reason stated in the original notice. The LTB hearing guide covers the general hearing process, and our page on LTB orders and enforcement explains what happens once an order is issued, including how compensation or fines are generally enforced if the landlord doesn't pay voluntarily.

Common mistakes that cause delay or rejection

A few recurring issues generally weaken a T5 application:

1. Filing after the one-year deadline from the move-out date.
2. Relying on suspicion alone, without documented evidence of re-renting, lack of renovation, or similar facts.
3. Failing to keep a copy of the original N12 or N13 notice.
4. Asking for compensation without a clear, documented basis for the amount.
5. Overlooking that a legitimate change in the landlord's circumstances may be treated differently than bad faith from the outset.

Because a T5 often depends on piecing together what happened to the unit after you left, and because the legal test for bad faith involves assessing the landlord's intent, speaking with a paralegal, lawyer, or community legal clinic before filing is generally a sound step, particularly for a case with significant financial stakes.

Frequently Asked Questions

Related reading

Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario