Hey everyone, I’m in a bit of a pickle. Our LL sold our place last yr, saying the new owners wanted to move in. We got an N12 and moved out. Now, 4 months later, the house is up for rent at a much higher price! We’d been there for 7 yrs with reasonable rent. This feels like a bad faith eviction. What can we do?
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dont do anything, u moved out already
Actually, you can still take action. You have up to 1 year after moving out to file a T5 application with the LTB for a bad faith eviction. You’ll need to gather evidence that the new owners didn’t move in and that the property is now listed for rent. This could include testimonies from neighbors or screenshots of the rental listing.
If the LTB finds it was a bad faith eviction, you could be awarded compensation. This might include up to one year’s rent, moving expenses, and potentially the difference in rent for a year if you’re renting a more expensive place now.
Keep in mind, you’ll need to name both your previous landlord and the new owners in the T5 application. The LTB will determine who acted in bad faith if that’s found to be the case.
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Wow, thats crazy! How much compensation could they get?
The maximum compensation that can be awarded is $35,000. However, the actual amount depends on various factors. Typically, it could include:
- One year’s worth of rent based on what you were paying
- Moving expenses
- The difference in rent for a year if you’re now renting a more expensive place
In this case, since the OP bought a house instead of renting, they won’t get the rent differential. The adjudicator has discretion in deciding the final amount based on the hardships and inconvenience caused by the eviction.
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but what if the new owners just changed there mind? thats not bad faith right?
Good question. If the new owners genuinely intended to move in but had a significant, unforeseen change in circumstances that prevented them from doing so, it might not be considered bad faith. However, they would need to prove this to the LTB.
The fact that the property is now listed for rent at a much higher price could be seen as suspicious. The new owners would need to explain why they’re renting it out instead of moving in, and why the rent has increased so much.
Ultimately, it’s up to the LTB adjudicator to decide if they believe the new owners’ explanation or if they think it was a bad faith eviction.
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Thanks for all the advice! I’m gonna start gathering evidence. One question tho - I can’t find the original N12. Is that gonna be a problem?
While having the original N12 would be helpful, it’s not absolutely necessary to file a T5. You mentioned you have text communications from your old landlord - these could be useful evidence. Also, if you remember the date you received the N12 or have any other documentation referencing it (like emails discussing your move-out date), that can help establish the timeline.
When you file the T5, explain that you can’t locate the original N12 but provide as much detail as you can about when you received it and what it said. The LTB is used to tenants not always having perfect documentation.
Focus on gathering evidence about:
- The property being vacant after you left
- The current rental listing
- Any communications you had with the landlord or new owners about the sale and your move-out
This should give you a strong case even without the original N12.
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as a LL, i think ur overreacting. sometimes plans change. doesnt mean its bad faith
While it’s true that plans can change, the law requires that the intention to move in must be genuine at the time the N12 is issued. If the new owners never intended to move in and just used the N12 to get the tenants out so they could raise the rent, that’s a bad faith eviction.
The fact that the property was left vacant for 4 months and is now listed at a much higher rent does raise suspicions. The onus will be on the new owners to prove they had a genuine intention to move in and that something significant changed to alter their plans.
It’s important for both landlords and tenants to understand that the N12 isn’t a tool to end tenancies for business reasons like raising rent. It’s specifically for personal use by the landlord or their immediate family. Misusing it can lead to serious consequences.
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