Form T5 – Landlord Gave a Notice of Termination in Bad Faith

Jurisdiction: Country: Canada | Province or State: Ontario

Form T5 – Landlord Gave a Notice of Termination in Bad Faith is an application for former residential tenants in Ontario. It asks the Landlord and Tenant Board (LTB) to consider whether a landlord gave a qualifying termination notice in bad faith or failed to honour a qualifying right to return after repairs.

You might use it after leaving because your landlord said someone would occupy your home, or because the property would be demolished, converted, or substantially repaired. It does not cover every disagreement about ending a tenancy.

Your application must connect the notice, your departure, and the conduct you challenge. You identify the applicable reason, explain the events, and request available remedies supported by your circumstances.

The LTB is Ontario’s residential tenancy tribunal, not a court. Filing starts a proceeding; it does not establish that your landlord acted improperly.

What is Form T5 – Landlord Gave a Notice of Termination in Bad Faith?

Clear definition

Form T5 gives former tenants a structured way to challenge certain termination notices that caused them to leave a rental unit. Bad faith generally concerns whether the landlord genuinely intended to carry out the stated purpose when giving the notice.

Later events can help reveal that intention. An advertisement offering the unit to new tenants after a personal-occupancy notice may be relevant. Its significance depends on timing, context, applicable legal presumptions, and the landlord’s explanation.

The application also addresses qualifying failures to respect a former tenant’s right to return after repairs or renovations. That claim has separate requirements; it is not identical to alleging that the original renovation plan was dishonest.

Form T5 is not an agreement. Your landlord does not need to approve your allegations before you submit them.

Who typically uses this form?

The applicant is generally a former tenant who left because of a qualifying termination notice. Moving voluntarily in response to the notice does not necessarily prevent a claim; an eviction order is not always required.

The rental arrangement must fall within Ontario’s residential tenancy framework. Some accommodation is excluded, including certain arrangements where occupants must share a kitchen or bathroom with an owner or specified family member.

Several former tenants may apply together. Distinguish applicants from other occupants, witnesses, and representatives. A household member’s appearance in correspondence does not automatically establish their legal role.

The respondent is commonly the landlord connected to the notice. Purchaser-occupancy cases, ownership changes, and property management arrangements can complicate identification. The person who emailed you is not necessarily the proper respondent.

Why might you need this form?

Informal correspondence can document your concern, but it does not produce an LTB decision. Form T5 identifies the dispute and the relief requested.

Moving may create measurable losses, including higher replacement rent, moving charges, and storage expenses. Depending on the applicable ground, other compensation or remedies may also be available.

A focused application explains what the notice promised, what happened afterward, and why the evidence supports each requested remedy. It is more useful than an unexplained collection of messages and receipts.

Typical real-life scenarios

• Personal occupancy: You leave after being told the landlord will live in the unit, then find it advertised for rent shortly afterward.
• Family occupancy: The notice identifies a qualifying family member, but later information suggests unrelated tenants occupy the unit.
• Purchaser occupancy: You move because a purchaser supposedly needs the home, but later events appear inconsistent with that purpose.
• Demolition or conversion: You leave for a stated project, but the unit appears to remain in residential rental use.
• Repairs or renovations: The landlord says substantial work requires vacancy, but later evidence raises questions about the work genuinely planned.
• Right to return: You satisfy the requirements to return after qualifying work, but the landlord rents to someone else without providing the required opportunity.

These circumstances warrant investigation, not automatic conclusions. Delayed projects and genuine changes in plans are not necessarily evidence of dishonest original intentions.

When would you use Form T5 – Landlord Gave a Notice of Termination in Bad Faith?

Consider Form T5 after leaving because of a qualifying notice or when a qualifying right to return has not been honoured.

The notices commonly involved are:

• N12: Occupation by specified people, including certain landlord, family-member, caregiver, or purchaser circumstances.
• N13: Demolition, conversion to non-residential use, or qualifying repairs or renovations.

The notice’s title does not determine the outcome. Its selected reason, contents, and accompanying communications matter.

Check timing before drafting extensively. Bad-faith notice claims commonly have a one-year filing period measured from when you left. Right-to-return claims have distinct timing rules. Discovering a rental advertisement later does not necessarily restart the filing period. Consult the current T5 instructions and applicable rules promptly if a deadline is approaching.

A landlord may have a genuine explanation for changing plans, such as illness or an unexpected project obstacle. Similarly, no visible construction does not prove that no work was planned. Describe specific contradictions and acknowledge explanations supported by the records.

Disclose any move-out agreement, compensation, or eviction proceeding. These facts may affect how your departure and remedies are assessed; none should be treated as automatically resolving eligibility.

If you still occupy the unit, your immediate issue may be defending the landlord’s eviction application. A former tenant’s T5 claim does not replace participation in that proceeding.

Maintenance, harassment, deposits, and rent increases may provide background but generally involve different claims. Keep the T5 focused on the qualifying notice or return-right issue.

A short chronology should identify the notice date, stated termination date, actual departure, later contradictory conduct, and any return-related communications. This reveals missing information before you commit to a final account.

Legal characteristics of Form T5 – Landlord Gave a Notice of Termination in Bad Faith

Form T5 initiates a claim. It identifies the parties, rental unit, grounds, facts, and requested remedies. Administrative completeness and legal merit are separate: paying a fee or receiving a file number does not establish a valid claim.

The application requires accurate information, supporting details, and the appropriate signature or authorization. Filing also involves the current submission requirements, including a fee or available fee-waiver process.

The LTB must have jurisdiction over the accommodation and dispute. Describing an arrangement as a tenancy does not resolve whether Ontario’s residential tenancy legislation applies.

For a typical bad-faith notice claim, the evidence must address the notice, your resulting departure, and the landlord’s intention. Relevant evidence may include:

• The termination notice and tenancy records.
• Messages explaining the intended use or your decision to move.
• Dated advertisements, photographs, and occupancy information.
• Witness accounts and records supporting financial requests.

Specified post-departure conduct can trigger a legal presumption of bad faith in certain personal-use cases. This affects assessment of the landlord’s explanation, but does not make every advertisement conclusive.

Missing information may cause processing problems. Unsupported allegations, an incorrect ground, or late filing can create separate legal difficulties. A clear narrative cannot necessarily cure a missing statutory requirement.

Names and addresses must reflect distinct roles. Your former address identifies the disputed unit; your current address supports communication. An owner, corporation, and property manager may be different parties.

The application does not automatically cancel an eviction order, restore possession, award money, or combine all disputes from your tenancy. Each outcome remains subject to the LTB’s authority.

Application materials are generally shared within the proceeding. Review financial records and messages for unrelated private information, while preserving relevant evidence and following applicable redaction procedures.

Is it legally binding?

Signing formally submits your account, but does not create a settlement or make disputed allegations true. The application can nevertheless lead to procedural obligations, including deadlines, evidence disclosure, and a hearing.

An LTB order is different. If relief is granted, the order can impose enforceable obligations. Monetary awards are not necessarily paid automatically, and enforcement depends on the order and applicable process.

A settlement may resolve the dispute, but its effect depends on its terms and how it is recorded. An offer, private agreement, mediated resolution, and Board order are not interchangeable.

Accuracy remains essential. Identify inferences and secondhand information rather than presenting them as firsthand knowledge.

How to fill out Form T5 – Landlord Gave a Notice of Termination in Bad Faith

Step 1 – Identify the application and its scope

Use the current T5 and instructions. Compare the available grounds with your circumstances, distinguishing personal occupancy, purchaser occupancy, demolition, conversion, repairs, and failure to honour a qualifying return right.

Step 2 – Assemble your core records

Gather the notice, tenancy documents, departure communications, and records showing when you left. Preserve later advertisements and messages in full, including dates, addresses, and surrounding context.

Step 3 – Map the important dates

List the notice date, termination date, actual departure, and later relevant events. Include return-related communications. If a date is uncertain, identify that uncertainty rather than supplying unsupported precision.

Step 4 – Review the filing-period issue

Check the deadline for your specific ground. Do not assume discovery of new evidence resets it. Right-to-return claims require separate attention to timing. Obtain timely legal assistance where the applicable deadline is unclear.

Step 5 – Enter the former rental unit accurately

Provide the complete former rental address, including unit number. Distinguish it from your current address. In a multi-unit property, building-level evidence may not establish what happened to your particular unit.

Step 6 – Identify each applicant

List every former tenant bringing the claim. Explain material name discrepancies and distinguish applicants from household members or witnesses. For joint applications, identify shared expenses separately from individual losses.

Step 7 – Provide current contact information

Check mailing addresses, telephone numbers, and email details. Enter representative information separately. Accurate contact information helps prevent missed directions, but does not replace your responsibility to monitor the case.

Step 8 – Identify the responding landlord

Compare the lease, notice, ownership-related correspondence, and rent records. Explain the roles of corporations, purchasers, or managers rather than copying everyone named in an email exchange.

Step 9 – Record the termination notice details

Copy the notice’s dates and stated reason accurately. If there were multiple notices, identify each by date and explain which caused your departure. Include significant accompanying explanations.

Step 10 – Select the applicable reason

Choose grounds that match facts you can explain. An original-intention claim differs from a return-right claim. Selecting several reasons without supporting each can obscure the dispute.

Step 11 – Explain why you moved

Give your actual departure date and explain how the notice influenced your decision. Disclose relevant agreements, proceedings, and other contributing factors honestly rather than simplifying the history artificially.

Step 12 – Describe the contradictory conduct

State what happened, when, and how you learned about it. Distinguish a dated advertisement you saw from information supplied by a neighbour. Explain why the conduct conflicts with the notice.

Step 13 – Address relevant explanations

Include significant explanations for changed plans, especially those appearing in your documents. Explain why you consider them insufficient without speculating about motives or making unrelated character judgments.

Step 14 – Explain any claimed right to return

Describe when and how you communicated your intention to return, what contact information you supplied, and what you know about completion and subsequent occupancy. Check the specific statutory conditions.

Step 15 – Choose the remedies you are requesting

Review the current form’s remedies and their eligibility requirements. These may include rent-related compensation, moving expenses, rent abatement, or general compensation. An administrative fine is not payable to you.

Step 16 – Calculate financial amounts transparently

Show each category, calculation, and period. Identify former and replacement rent for rent comparisons. Separate moving and storage charges, and respect any applicable statutory cap or calculation period.

Step 17 – Account for shared costs and prior payments

Identify who incurred and paid each expense, how applicants allocated shared costs, and any previous compensation or reimbursement. Explain each payment’s purpose; its treatment may depend on the remedy.

Step 18 – Write a focused factual explanation

Use chronological paragraphs covering the notice, departure, subsequent events, and relief. Prefer dates and document references to repeated accusations. Clearly identify any continuation page and the application section it supports.

Step 19 – Organize supporting material

Label records meaningfully and retain complete originals. Distinguish initial attachments from evidence subject to later disclosure. Uploading material with the application does not necessarily satisfy every delivery requirement.

Step 20 – Review consistency and completeness

Check names, dates, selected grounds, calculations, and attachment references against your records. Ensure required fields are completed and files are readable. Review unrelated private information without obscuring relevant content.

Step 21 – Complete the signing section

Follow the current signature and representative requirements. Read the declaration and review the final wording, even if someone else drafted it. Assistance does not automatically authorize another person to sign.

Step 22 – Finalize the submission record

Prepare the application, required attachments, and fee or fee-waiver materials. Keep an exact submitted copy and confirmation. Track acceptance, scheduling, corrections, and evidence delivery as separate procedural steps.

Legal terms you might encounter in Form T5 – Landlord Gave a Notice of Termination in Bad Faith

1. Bad faith: Giving a notice without genuinely intending to carry out its stated purpose. Later events may help establish original intention, but a disappointing outcome alone is insufficient.
2. Applicant: The former tenant bringing the claim. A witness, household member, or emergency contact is not automatically an applicant.
3. Respondent: The person or entity against whom an order is requested. Explain their connection to the notice and tenancy.
4. Notice of termination: The document stating the landlord’s reason and proposed termination date. It is not itself an eviction order.
5. Termination date: The ending date specified in the notice, which may differ from your actual departure or key-return date.
6. Right of first refusal: A qualifying tenant’s opportunity to return after repairs or renovations, subject to statutory conditions. It does not apply to every termination.
7. Remedy: An outcome requested from the LTB. Each category requires its own factual support and, where applicable, calculation.
8. General compensation: Compensation distinct from reimbursement of specific invoices. Explain the circumstances supporting it and keep it separate from expense claims.
9. Administrative fine: A financial penalty payable to the LTB, not compensation paid to the applicant.
10. Service: Formal delivery through an authorized process. Filing with the LTB and serving another party are different tasks.

FAQs

Which date should I enter if the notice date, termination date, and moving date differ?

Match each field to the event requested. Use the notice’s date for the notice field, its stated ending date for termination, and your actual departure for moving.

If leaving occurred in stages, explain briefly. Moving receipts, messages, and key-return records may clarify the sequence. Do not substitute the easiest date to prove for the date the field actually requires.

What if the landlord’s name is different on the lease, notice, and rent records?

Compare the documents for evidence of ownership, management, or agency relationships. A property manager receiving rent may not be the landlord against whom you should seek an order.

Use identities supported by your records, explain uncertainty, and avoid merging different names into an invented version. Obtain advice if you cannot determine the proper respondent, particularly in purchaser or corporate-ownership situations.

Can another person complete or sign this form for me?

Someone may help organize documents, type, or check calculations without becoming an applicant or representative. Signing is separate: consult the current instructions to determine who may sign and what authorization is required.

Review everything submitted in your name. For a joint application, confirm the signing requirements for all applicants and retain the version they reviewed.

Which attachments belong with this form, and which can follow later?

Follow the current instructions for required initial attachments and continuation pages. Later evidence is governed by disclosure deadlines and case directions.

Give each attachment a descriptive title and retain complete originals. A large evidence upload does not replace a required attachment or correct an incomplete application. Keep an index of what was actually submitted, not merely what you intended to include.

Does confirmation of filing mean my claim has been accepted as valid?

No. Payment receipts, transmission confirmations, file numbers, and hearing notices record different procedural stages. None establishes bad faith.

Compare confirmations with your saved application. If the LTB identifies an incomplete submission, respond through the required process by the stated deadline. Do not assume an attempted filing preserves every deadline or right.

Can I include moving expenses if someone else paid the bill?

Explain who incurred the expense, who paid, and whether you owe repayment. A gift, loan, and unpaid invoice have different factual implications. Preserve the invoice, payment record, and any genuine repayment arrangement.

Allocate shared expenses without claiming the same full invoice for multiple applicants. Whether a particular cost is recoverable depends on the claim and evidence.

What should I do if I discover an error after submitting this document?

Determine whether the error is clerical or substantive. Correcting a spelling mistake differs from adding a respondent, changing grounds, or increasing compensation.

Check the applicable correction or amendment process. Editing your private copy does not amend the filed application. Preserve the original, record what changed, and confirm whether corrected documents must be delivered to other parties.

Will filing this form change my tenancy history or create a public record?

Filing does not automatically erase an earlier order, restore your tenancy, or amend outside records. The application contains allegations; a later decision contains findings.

Proceedings and decisions may involve public access. Review attachments for unrelated sensitive information and follow the applicable process for redaction or restricted access. A privacy request does not guarantee confidentiality.

Checklist: Before, During, and After Form T5 – Landlord Gave a Notice of Termination in Bad Faith

Before

• Obtain the current form and instructions; check the deadline for your ground.
• Resolve differences in landlord and applicant identities where possible.
• Create a chronology distinguishing firsthand knowledge from information supplied by others.
• Preserve complete advertisements, messages, and records with dates and unit identifiers.
• Reconcile shared expenses, prior payments, and related proceedings.
• Identify language, accessibility, or communication needs early.

During

• Match dates to the fields requested and explain staged departures.
• Separate observed facts from conclusions about bad faith.
• Support each selected ground and remedy.
• Label estimates and show calculation methods.
• Check attachments for readability, context, and unnecessary private information.
• Review signature requirements and the final rendered document before submitting.

After

• Save the filed package, submission confirmation, and payment or fee-waiver records.
• Read every notice for deadlines and delivery responsibilities.
• Keep proof of required service and evidence disclosure.
• Update your private chronology and financial worksheet without overwriting filed documents.
• Follow the required process for contact changes and amendments.
• Assemble a concise hearing file with evidence references and calculations.

Common mistakes to avoid with Form T5 – Landlord Gave a Notice of Termination in Bad Faith

• Treating an advertisement as the entire case. Preserve its date, address, source, and context. Connect it to your former unit, the notice, and your departure, while addressing relevant explanations.
• Naming a manager automatically. Frequent communication does not establish that the manager is the proper respondent. Check who acted for whom and explain unresolved identity questions.
• Combining compensation into one unexplained figure. Separate expenses, rent-related amounts, general compensation, and any requested fine. Show calculations and avoid overlapping claims.
• Omitting inconvenient context. Relevant messages and genuine changes in circumstances may affect the assessment. Address them accurately rather than leaving an incomplete account.
• Confusing filing with disclosure. Documents uploaded initially may still require later delivery or other procedural steps. Follow case directions and preserve confirmation.
• Duplicating shared expenses. Identify the payer, allocation, reimbursements, and combined amount claimed. One invoice should not become two full losses.
• Overwriting the filed copy. Keep the original submission intact and track corrections separately through the applicable process.
• Disclosing unnecessary private information. Retain originals, assess relevance, and use the proper redaction or confidentiality process rather than altering evidence indiscriminately.

What to do after filling out Form T5 – Landlord Gave a Notice of Termination in Bad Faith

After completion, focus on maintaining a reliable case record and following procedural directions. A clear folder system, deadline calendar, and case log are usually more useful than several overlapping tracking documents.

Keep the signed application fixed. Store later evidence, amendments, and notices separately so you can identify what was submitted at each stage.

Step 1: Create a complete reference copy.

Save the exact application, continuation pages, and attachments. Keep a secure backup and record the included files. Preserve editable drafts separately so they cannot be mistaken for the submitted version.

Step 2: Confirm the available submission method.

Check accepted filing routes, file requirements, and payment or fee-waiver arrangements. Allow time for technical problems. Saving a draft, beginning payment, or sending an inquiry does not necessarily complete filing.

Step 3: Verify the submission record.

Save the acknowledgement and compare any downloadable submission with your own copy. Distinguish payment confirmation from filing confirmation. If acknowledgement is missing, use the available status-check process and record the response.

Step 4: Review acceptance and deficiency notices.

Identify the exact correction requested, response method, and deadline. Preserve the notice and your response together. Do not create a second application merely to correct the first unless the applicable procedure requires it.

Step 5: Track delivery responsibilities.

Determine which documents the LTB sends and which you must deliver. Maintain a log of recipients, dates, methods, and proof. If delivery fails, preserve the failure notice and investigate the permitted next step.

Step 6: Update your internal documents.

Add the file number to your calendar and evidence index. Record newly discovered events with their sources. Track later payments separately and consider whether changed amounts require a formal amendment or other procedural update.

Step 7: Organize evidence for actual use.

Use descriptive filenames and page references. Preserve original digital files and available metadata. Keep annotated photographs or extracts separate from unchanged originals so context and authenticity remain accessible.

Step 8: Prepare witnesses and practical arrangements.

Identify what each witness personally observed and confirm availability. Check participation requirements and request interpretation or accommodation early. Do not script testimony or ask witnesses to fill factual gaps with assumptions.

Step 9: Keep later communications purposeful.

Preserve relevant explanations and settlement communications appropriately. Distinguish offers from agreements and agreements from completed performance. Confirm how a resolution affects the proceeding before assuming the hearing is cancelled or attendance is unnecessary.

Step 10: Prepare for the outcome and follow-through.

Organize your presentation around the notice, departure, contradictory conduct, and requested remedies. Know where each supporting record appears.

When a decision arrives, read the full order and note operative dates. Track payments and other obligations. If there is an apparent error or non-compliance, promptly check the applicable review, correction, or enforcement process and its deadlines.