Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
Bad faith means that the landlord has given the Form N12 as a way to evict the tenant based on the issues going on or just a bad relationship with the tenant. It means that the landlord does not have a genuine intention to move in to the unit for the purposes of living there themselves.
When an application is filed, it is up to the applicant to ask the Board to withdraw their application if they do not wish to proceed. The request to withdraw should be done in writing. If the application is not withdrawn, the hearing will still be held. You should contact your tenant to ask that she notify the Board to withdraw her application. Otherwise, you would have to attend the hearing and if the tenant does not show up for the hearing, then the Board will dismiss the application. The request to withdraw and application form can be found here: https://tribunalsontario.ca/documents/ltb/Other%20Forms/Request%20to%20Withdraw%20an%20Application.pdf
The Board may consider this arrangement, but generally, you should first get a sense of how your situation is being viewed by the Member during the hearing before you even think about the possibility of paying the tenant anything. The tenant may not be able to prove his or her case.
Your former tenant has likely filed a T5 application, claiming that you gave notice for personal use in bad faith. To succeed, the tenant must prove that you did not genuinely intend to move into and occupy the unit as stated in your notice. Under the Residential Tenancies Act, 2006, section 57(1)(a), the Landlord and Tenant Board will look at whether you moved into the unit within a reasonable time and used it for your own residential purposes.
This type of application is common, especially where a tenant was unhappy about moving. If the tenant is successful, you could be ordered to pay compensation such as up to 12 months’ rent, up to one year of the tenant’s increased rent, reasonable out-of-pocket moving expenses, and potentially an administrative fine (which can be significant), along with any other remedies the adjudicator finds appropriate.
To defend yourself, you need to show your situation in context. This includes clearly explaining your timeline of when you moved in, and if there was any delay, why. If you later rented out a room due to financial difficulties, you should present this along with proof of your expenses and circumstances. It is also important to provide evidence of your occupancy (such as ID updates, utility bills, or mail) and ensure that any documents you rely on are shared with the tenant before the hearing. Ultimately, the key issue is your intent at the time you gave the notice, not changes in your situation afterward.
A tenant can file an application with the Landlord and Tenant Board after they have moved out provided that it is done within one year from the date the alleged conduct took place.
However, the tenant has two years to file an application against the landlord if the landlord served an N13 and failed to provide right of first refusal.
These provisions the adjudicator was referring to are found under the Residential Tenancies Act. Here is the link to the Regulations, where you’ll find this specific issue under Part II- Matters Relating to Rent- S.8, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060516_e.htm
When an application is filed with the Board, it is up to the applicants to ask the Board to withdraw their application if they don’t want to proceed. I believe the Board requires this to be done in writing. If it’s not withdrawn, the hearing will still be held. I suggest trying to contact your former tenant, if possible, to ask that they withdraw their application with the Board. Otherwise, you would have to attend the hearing. If they do not show up for the hearing then the Board will dismiss their application.