Ontario LTB Form T5: Challenge a Bad-Faith N12 or N13
Know when this application applies, how to fill it out, what to attach and what happens next.
T5 is for a former tenant who moved out after an N12 or N13 and believes the notice was given in bad faith—or whose written right to return after N13 renovations was not honoured. The September 21, 2026 amendments create two different filing-deadline rules. Check which of the four T5 reasons actually applies.
This guide explains the official application, but does not submit it. Confirm case-specific filing requirements before acting.
Which T5 reason should you select?
- Reason 1: landlord or specified family/caregiver use under N12 was not genuinely intended.
- Reason 2: purchaser or qualifying family/caregiver use under N12 was not genuinely intended.
- Reason 3: the landlord did not genuinely intend the demolition, repair or conversion stated on N13.
- Reason 4: you gave written notice that you wanted to return after N13 renovations, but the landlord failed to honour the right to return, required readiness notice or relevant time to move back.
You must have moved out to use T5. For Reasons 1–3, file no later than one year after you vacated. For Reason 4, the amended rule is the later of two years after moving out or six months after renovations finish. Transitional details can matter for notices before September 21, 2026.
How to complete T5
- Part 1: identify your former rental unit, your current address, landlord and move-out date. For an N12 purchaser-use case, identify the purchaser too, using the form’s Schedule of Parties as needed.
- Part 2 — reason: check the specific N12/N13 reason and explain the notice, the date served, why you moved out and the facts supporting bad faith or denied return.
- Evidence: keep the N12/N13, tenancy records, written right-to-return notice, dated rental advertisements, photos, texts, emails, evidence of who occupied the unit and receipts.
- Remedies: select and calculate what you request: rent abatement, rent difference for one year, moving/storage expenses, general compensation up to 12 months of former rent, or another allowed order.
- Sign and file: check the correct deadline for your selected reason, sign, submit the updated T5 and pay the relevant fee (or seek an eligible waiver).
Worked example: renovation right to return
A tenant leaves after an N13 renovation notice on October 31, 2026 and had emailed the landlord asking to return. Work finishes June 30, 2027, but the landlord refuses to offer the unit back. Under the revised Reason 4 deadline, compare October 31, 2028 (two years after moving out) with December 30, 2027 (six months after completion). The later date controls in this illustration. The tenant should keep the notice, sent email and evidence of completion. Different facts can change the outcome.
What happens at the hearing?
The LTB hears both sides. For qualifying N12 cases, failure to take occupancy within 60 days or specified post-notice conduct can create a rebuttable presumption of bad faith. The landlord can offer contrary evidence. The LTB decides whether the notice or right-to-return handling breached the rules and what remedies, if any, are available.
Avoid this mistake
Do not apply one blanket one-year deadline to every T5. Reason 4 follows the newer later-of-two-dates rule, and the current September 2026 form should be used.