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A former tenant can apply under section 57 for up to a year after moving out, saying the N12 or N13 was never genuine. The Board looks at what actually happened to the unit afterwards. Landlords who kept records of the intention, the move-in and the work usually answer these comfortably. Landlords who did not, do not.
Book My 15-Minute Assessment →Holding Landlords Accountable for Bad Faith Evictions & Abuse of Process
A bad faith eviction occurs when a landlord issues an N12 (personal use) or N13 (demolition/renovation) notice without genuinely intending to use the unit for the stated purpose. Common examples include serving an N12 claiming personal use but then re-renting to a new tenant at a higher rent, or serving an N13 for renovations but performing only cosmetic changes. Section 57 of the RTA provides remedies for former tenants.
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Section 57 of the Residential Tenancies Act, 2006 provides the primary remedy for tenants who have been evicted in bad faith. Under s. 57(1)(a), a former tenant may apply to the LTB if the landlord gave a notice of termination under s. 48 (N12, personal use) in bad faith, meaning the landlord did not, in good faith, require the unit for the purpose specified in the notice. Under s. 57(1)(b), a similar application applies to N13 notices (demolition, conversion, or repairs). The application must be filed within one year of the former tenant vacating the unit.
The burden of proof in bad faith eviction cases has been addressed by the Divisional Court in Salter v. Beljinac, [2001] O.J. No. 2792, which established that the genuineness of a landlord's stated intention is a question of fact to be determined on the totality of the evidence. More recently, the Divisional Court in Fava v. Harrison, 2014 ONSC 3352, confirmed that the test is whether the landlord genuinely intended to use the unit for the stated purpose at the time the notice was given. Evidence of what happened after the tenant vacated is relevant to assessing the landlord's intention at the time of the notice.
The one-year period following a tenant's departure is critical for establishing bad faith. If the landlord claimed personal use under an N12 but the unit is re-listed for rent within a year, or a new tenant moves in who is not the person named in the N12 notice, this is strong evidence of bad faith. Similarly, for N13 notices, if the landlord does not commence the claimed renovation, demolition, or conversion within a reasonable time, or completes only superficial changes before re-renting at a higher price, bad faith may be established.
Our lawyers advise former tenants on monitoring their former rental unit during the one-year period. We use rental listing databases, property records, municipal building permit records, and investigative techniques to determine whether the landlord followed through on the stated purpose. Where evidence of bad faith emerges, we promptly file the s. 57 application and present a comprehensive evidentiary package to the LTB. We have successfully pursued bad faith claims where landlords listed the unit on Airbnb, re-rented to new tenants at higher rents, or completed only cosmetic renovations before relisting.
If the LTB finds that the landlord acted in bad faith, the remedies under s. 57(3) of the RTA include: ordering the landlord to pay the former tenant a specified sum, which the LTB has awarded up to the equivalent of 12 months' rent; authorizing the former tenant to move back into the rental unit at the same rent; and imposing an administrative fine. The quantum of compensation considers the rent differential between the former unit and the tenant's current housing, moving costs, disruption, and the egregiousness of the landlord's conduct.
In addition to s. 57 remedies, landlords found to have acted in bad faith may face administrative fines of up to $50,000 for individuals and $250,000 for corporations under s. 234 of the RTA. The Rental Housing Enforcement Unit (RHEU) may also investigate and lay charges under Part XI of the RTA. In particularly egregious cases, we coordinate with the RHEU to ensure both civil remedies through the LTB and regulatory penalties through prosecution. The deterrent effect of these combined remedies serves to protect the broader tenant community from predatory landlord behaviour.
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55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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Lexaltico LLP
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