Challenging Bad Faith Evictions - ND PARALEGAL SERVICES

What Is a Bad Faith Eviction?

TENANT RIGHTS UNDER THE RTA

A bad faith eviction occurs when a landlord uses an N12 (own use) or N13 (demolition/renovation) notice to evict a tenant without genuinely intending to fulfill the stated purpose. For example: a landlord serves an N12 claiming their child will move in, but the unit is listed for rent at a higher price within weeks of the tenant vacating.

Under the Residential Tenancies Act, 2006, a tenant who has vacated based on an N12 or N13 can file a T5 application with the LTB claiming the landlord acted in bad faith. The LTB has broad remedial powers — including ordering compensation of up to 12 months’ rent and requiring the landlord to allow the tenant to return to the unit.

WE REPRESENT TENANTS

How We Help Tenants Challenge Bad Faith Evictions

A T5 application requires evidence, legal argument, and timely filing. We handle every step of the process on your behalf.

Case Assessment

We review the N12 or N13 you received, the circumstances of your eviction, and what has happened to the unit since — and give you an honest assessment of whether you have a strong T5 case.

LTB Hearing Representation

We appear at your T5 hearing, present evidence of bad faith, examine witnesses, cross-examine the landlord, and make submissions supporting the maximum available compensation and remedies.

Evidence Gathering

We help identify and gather the evidence that supports your T5 application — MLS listings, rental listings, permit records, social media posts, statements from neighbours, and any communications with the landlord.

Maximizing Your Compensation

We document every provable loss — moving costs, rent differential, storage costs, and other expenses — to ensure you receive the full compensation the LTB is empowered to award.

T5 Application Filing

We prepare and file your T5 application with the LTB within the one-year deadline, ensuring all required details are included and the application is properly served on the landlord.

Also Represent Landlords

If a T5 has been filed against you as a landlord and you believe the eviction was genuine, we represent landlords in defending T5 applications — presenting evidence of legitimate intent and conduct.

Frequently Asked Questions

Bad faith is proven through circumstantial evidence — what happened to the unit after you left. The most common evidence includes: the unit being re-listed for rent at a higher price, the named person never moving in or moving in briefly for show, the unit being sold, permits never being obtained for renovations, or the landlord’s own communications suggesting a different motivation. The LTB looks at the overall picture, and the landlord bears the burden of establishing the N12 or N13 was genuine.

Yes, provided you vacated because of the N12 or N13 notice. A tenant who moves out under the pressure of a notice — even if they technically “agreed” — is considered to have vacated as a result of the notice. The key question is whether your departure was caused by the notice, not whether you formally contested it. Contact us if you are unsure whether this applies to your situation.

Re-renting the unit to a new tenant at a higher price is one of the clearest indicators of bad faith. Under the RTA, if a landlord does not use the unit for the stated purpose within a reasonable time after the tenant vacates, the LTB is entitled to infer bad faith. We document re-rental listings, new tenancy start dates, and rent increases to build a strong evidentiary record for the T5 hearing.

A T5 application must be filed within one year of the date you vacated the unit. Missing this deadline will typically result in the application being dismissed, and no extension is available after the fact. If you believe your eviction was in bad faith, contact us immediately — even if you are still within the year, early action gives you more time to gather evidence.

Yes. The LTB has authority to order that the tenancy be reinstated — requiring the landlord to allow you to return to your former unit at the same rent. This is one of the most powerful remedies available, though it is not always practical if you have already established a new home. The LTB can grant a combination of remedies based on what is appropriate given your circumstances.

Under Section 57 of the Residential Tenancies Act, the LTB can order substantial financial remedies against a landlord who evicted in bad faith:

General Compensation: Up to 12 months of the last rent charged.
Rent Differential: The difference between your old rent and your new rent for up to one full year.
Out-of-Pocket Expenses: Reasonable moving, packing, and storage costs incurred due to the eviction.
Administrative Fines: The Board can also levy penalties against the landlord up to $50,000 for individuals or $250,000 for corporations.