T5 Form Ontario – Tenant Application – Landlord Gave a Notice of Termination in Bad Faith
The T5 Form Ontario tenants is designed for former tenants to apply to the Landlord and Tenant Board (LTB) if they believe they were asked to vacate their rental unit under false pretenses by the landlord. Specifically, it is used when landlords issue a termination notice for personal use of the unit (N12) or demolition, repair, or conversion purposes (N13), and the tenant suspects these claims were made in bad faith. This application helps how to prove bad faith landlord. The form requires detailed information about the tenancy, the reasons for the application, and desired remedies and must be filed within a year of moving out.
To fill out the Form T5 – Tenant Application for situations where the landlord gave a notice of termination in bad faith in Ontario, follow these steps:
- Language Preference and Accommodation
- Select Your Language Preference: Indicate whether you prefer to receive services in French or English by marking the appropriate box.
- Accommodation Request: If you require any accommodations to participate in the LTB’s process, complete a Tribunals Ontario Accommodation Request form and send it to the LTB office handling your file.
- Part 1: General Information
- Rental Unit Address: Provide the full address of the rental unit that this application is about, including the street number, name, type (e.g., Street, Avenue), direction (if applicable), unit/suite number, municipality, province (ON), and postal code.
- Former Tenant Names and Current Address: List the names and the current address of the tenant(s) filing the application. If there are more than two tenants, use a Schedule of Parties form.
- Landlord’s Name and Address: Provide the name and address of the landlord. If there is more than one landlord, use a Schedule of Parties form.
- Related Applications: If there are other unresolved applications related to the rental unit, list their file numbers.
- Part 2: Reasons for Your Application
- Check the appropriate reason(s) for your application based on the type of notice received (N12 or N13) and detail the specific circumstances that led you to believe the notice was given in bad faith. Include dates, events, and names of people involved.
- Part 3: Remedies
- Select the remedies you are seeking from the LTB. Options include rent abatement, fines to the landlord, compensation for higher rent in a new unit, moving and storage expenses, general compensation, and any other specific remedies you wish the LTB to order. Provide calculations and explanations for each selected remedy.
- Part 4: Signature
- Sign and date the application. Indicate whether the application is signed by Tenant 1, Tenant 2, or a legal representative.
- Legal Representative Information: If applicable, fill out the contact information for the legal representative, including their name, LSUC number (if applicable), company name, mailing address, phone numbers, and email address.
- Payment Information Form
- Select the payment method for the application fee (Online Payment, Money Order, Certified Cheque, or Credit Card). Provide the online payment receipt number if paid online. If paying by credit card via mail or courier, complete a Credit Card Payment Form and include it with your application.
- Filing the Application
- File the application with the LTB: Make sure to include all pages except the instruction page. The application must be filed no later than one year after moving out of the rental unit.
- Pay the application fee: The fee must be paid at the time of filing. Follow the instructions based on your chosen payment method.
Additional Notes
- Collecting Personal Information: The form explains the LTB’s rights to collect and use the information provided for resolving the application.
- Important Information from the LTB: Be aware of the potential legal consequences of filing false or misleading information, the possibility of being ordered to pay the other party’s costs, and the existence of LTB Rules of Procedure and Interpretation Guidelines.
Ensure all information is accurate and complete before submitting the application to the LTB.