If your landlord lied to evict you, you can make them pay.
If a landlord evicted you to move in themselves, for a buyer, or to renovate, and then didn't do it or re-rented to someone else, that can be bad faith. You can apply to the Landlord and Tenant Board for compensation, up to 12 months of rent. Here's how.
Free. No payment to start. This is information, not legal advice.
In 30 seconds, here's what's true
- If a landlord used an N12 (their own or a buyer's use) or an N13 (renovation or demolition) to evict you, then acted in bad faith, you can apply to the LTB with a form called the T5.
- If the landlord re-rented the unit to someone else, or listed it, within 12 months of your move-out, the law presumes bad faith. The landlord then has to prove they were honest.
- The LTB can order up to 12 months of your old rent as compensation, plus the gap if your new place costs more, plus moving and storage costs, and a fine to the province.
- For an N12, your landlord had to pay you one month's rent up front. For an N13, it's one month (small buildings) or three months (buildings with 5 or more units).
- You generally have 1 year after moving out to file for bad faith. If you were promised your unit back after renovations, that claim has a 2-year window.
The steps your landlord must follow
Check what actually happened
Did the landlord move in, or do the renovation they claimed? Or did a new tenant move in, or the unit get listed for rent or sale? A different tenant showing up soon after is a red flag.
Gather your proof
Rental ads, a new lease, real estate listings, photos, or a neighbour's word can all show the unit wasn't used the way the landlord claimed. Screenshots with dates help.
Watch the 12-month window
If the unit was re-rented or advertised within a year of you leaving, that's presumed bad faith. Note the dates carefully, since they do a lot of the work for you.
File the T5 on time
You usually have 1 year from your move-out date to file the T5 for bad faith. Missing the deadline can end the claim, so don't wait.
Ask for the full remedy
You can claim the rent difference for a year, your moving and storage costs, and up to 12 months of your old rent. Your city may add its own renoviction compensation on top.
What to do next
- Confirm the notice type you got (N12 or N13).
- Find out who lives in the unit now, or if it was re-listed.
- Check whether that happened within 12 months of your move-out.
- Save rental ads, listings, leases, and photos as proof.
- Add up your moving, storage, and higher-rent costs.
- Confirm you got the up-front compensation the notice required.
- File the T5 within 1 year of moving out (2 years for a right-to-return claim).
- Check if your city has extra renoviction compensation rules.
Common myths
| Myth | Reality |
|---|---|
| Once I move out, there's nothing I can do. | Not true. If the landlord evicted you in bad faith, you have up to a year to apply to the LTB for compensation. |
| I have to prove the landlord lied. | Often you don't. If they re-rented within 12 months, bad faith is presumed, and the landlord has to prove they were honest. |
| The most I can get back is a month's rent. | No. The LTB can order up to 12 months of your old rent, plus moving costs and the extra you pay for a pricier place. |
| A renovation eviction means I lose my place for good. | Not always. If you gave written notice that you wanted to return, you have the right to move back at a similar rent after the work. |
| The landlord doesn't owe me anything for making me move. | They do. An N12 requires one month's rent up front, and an N13 requires one or three months, depending on the building's size. |
| It's bad faith only if the landlord admits it. | No. The 12-month re-rent rule and the evidence you gather can prove it, even without any admission. |
| I can file whenever I get around to it. | You can't. It's generally 1 year from your move-out for a bad-faith claim, and 2 years for a right-to-return claim. |
| The provincial rules are all the compensation I can get. | Maybe not. Some cities, like Toronto, have their own renoviction rules that can add compensation on top. |
Last reviewed July 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Landlord and Tenant Board.
Free. No payment to start. This is information, not legal advice.