What is a bad-faith N12 eviction?

An N12 ends a tenancy so the landlord, a purchaser, or a close family member can move in. It's 'bad faith' when that stated intention wasn't genuine — for example, the landlord re-rents the unit to a new tenant at a higher rent, sells it, or leaves it empty shortly after evicting you.

What is a T5 application?

A T5 is the Tenant Application you file with the Landlord and Tenant Board when you believe your landlord gave an N12 (or N13) in bad faith. If it succeeds, the LTB can order compensation and can also impose an administrative fine on the landlord.

How long do I have to file a T5?

Generally within one year of the date you moved out because of the notice. Don't wait — gather your evidence (rental ads, who's living there now, the timeline) and file within that window.

What is the one-year occupancy rule?

The person who claimed they needed the unit is expected to actually move in and occupy it for at least a year. If the landlord instead advertises, re-rents, or sells the unit within a short time, the LTB may presume the eviction was in bad faith — shifting the practical burden onto the landlord to explain.

What compensation can I get for a bad-faith N12?

The LTB can order remedies such as the difference between your old rent and a higher new rent (often for up to a year), moving and storage costs, other out-of-pocket expenses, and general compensation. Separately, an N12 requires the landlord to pay you one month's rent compensation at the time of the eviction.

Home BlogBad-Faith N12 and T5 Compensation

OntarioAugust 3, 20267 min read

Bad-Faith N12: What If Your Landlord Didn't Actually Move In?

"Own use" evictions are one of the most abused tools in Ontario's rental market: evict the tenant, then quietly re-rent at a much higher rate. If that happened to you, the law fights back — through the T5 application. Here's how to spot bad faith and claim compensation.

What a Legitimate N12 Requires

An N12 ends a tenancy so that the landlord, a buyer of the property, or a close family member (or their caregiver) can move in. A valid N12 comes with strict conditions:

At least 60 days' notice, ending on the last day of a rental period;
One month's rent in compensation paid to you (or an offer of another acceptable unit);
A genuine intention for the named person to move in and live there for at least a year.

For the full breakdown of a proper N12, see our N12 eviction guide. This article is about what happens when that "genuine intention" turns out to be a lie.

The Signs of a Bad-Faith Eviction

An N12 is in bad faith when the stated reason wasn't real. Common red flags after you've moved out:

The unit is re-listed for rent — often at a much higher price — soon after you leave.
A new tenant, not the landlord or family member, moves in.
The unit is sold or sits empty shortly afterward.
The person who supposedly needed it never actually lived there.

Keep an eye on the unit after you go: screenshots of rental listings with dates, the address, and the asking price are exactly the evidence a T5 runs on.

The One-Year Rule and the Bad-Faith Presumption

The person who claimed the unit is expected to move in and occupy it for at least a year. Ontario law builds in a safeguard: if the landlord advertises, re-rents, or sells the unit within a short period after the eviction, the LTB may presume the N12 was given in bad faith. In practice that shifts the pressure onto the landlord to explain what happened — a meaningful advantage for you at a hearing.

Filing a T5 — and What You Can Recover

The T5 — Tenant Application is how you bring a bad-faith N12 (or N13) to the LTB. File it within one year of moving out. If you succeed, the Board can order:

Rent differential: the gap between your old rent and the higher rent you now pay elsewhere, often for up to a year.
Moving and storage costs.
Other out-of-pocket expenses caused by the move.
General compensation for the disruption.
An administrative fine against the landlord, payable to the Board, as a deterrent.

These awards can be substantial — bad-faith evictions are taken seriously precisely because they're so damaging. If you're still fighting the N12 before you've moved, our guide on fighting an illegal eviction covers your options at that stage.