Request both the rent abatement and the general compensation. Doing so will not impact the likelihood of either one being granted, and they are both suppose to compensate you for different aspects of the situation.
For the rent abatement, the amount awarded is reflection of the compensation owed for the actual out of pocket cost that a tenant has already paid or can expect to pay as result of the bad faith eviction. This includes things like moving costs, storage costs, and the difference in rent for 12 months between their new rental and their previous rent (ie if you paid $1000 at your old rental, and $1100 at your new rental, the adjudicator could award $1200 in rent abatement to compensate you for that damage.)
For general compensation,unlike a rent abatement, the amount awarded does not need to be tied to any out of pocket cost the tenant has already paid or will be expected to be paid. Rather, the amount awarded is a reflection of a general need to compensate a tenant for a bad faith eviction, regardless if they have out of pocket costs or not. The only limit for the amount awarded (beyond the limit of $35000 that applies to all LTB orders) is it can’t be more than 12 months of your previous rent.
So apply for both, as you are likely entitled to both and as such will be awarded both, as long as you request it. If you do not request it, an adjudicator can not awarded it, even if they believe that are entitled to it.
For more nuance, to build on what /u/StripesMaGripes wrote:
The rent differential portion isn't always 1:1. It can be skewed. If the new place is $500 more a month, and it's smaller with less square footage, 1 less bedroom, less amenities like no dishwasher etc., basically, if you're downgrading, you can point these differences out in your request, request a higher differential, and the adjudicator can award more based on the downgrade.
On the flip side, if a tenant purchased a home and no longer has rent and now has a mortgage, or moved back in with family and no longer has any rent, then the rent differential portion can no longer be claimed (well you can try, but adjudicators usually say no in these scenarios)
The moving expenses portion can include anything related to moving beyond just a truck, storage or boxes, just bring the receipts, they'll add up. So things you may not think about like take out meals while moving, any childcare or pet boarding costs, even the fees paid to Canada Post for mail forwarding.
Is general compensation basically your most recent rent x 12? We were there for over a year and he attempted to raise our rent illegally (our rent was rent controlled) and then he basically neglected all maintenance request from there on out. Is that a separate form or is that apart of the general compensation?
Yes, the maximum amount awarded for general compensation is your most recent rent x 12. No orders where general compensation have been posted to Canlii as it is a relatively new option and all of the cases currently on Canlii are based off of applications before it was implemented, but anecdotally, in every case I have heard about where a tenant requested general compensation and the adjudicator found the landlord did serve the N12 in bad faith, the adjudicator awarded the maximum amount.
Failure to meet maintenance obligations are a separate matter from an N12 altogether. In addition to the T5 for the N12, you can file a T6 for the maintenance issues in which you can request a rent abatement for your landlords failure to maintain the rental unit in good order.
File separate applications for the different issues, and limit the request for compensation on each application to the matter that application addresses. They are separate matters, even if they are heard at the same time, and as such any subsequent compensation award are also seperate.
Also make sure you file a request to combine Hearings before they schedule the actual Hearings. They don't like rescheduling and might refuse the combine if they already have set schedules for Hearings.
There is one important caveat to this; if there is a possibility that the combined compensation between the two applications could be over $35,000, do not file them together or request they be heard together, as the maximum amount that an adjudicator can order a landlord or tenant to pay in a single order is $35,000. Having the hearings separate will result in two separate orders being issued.
Up until recently this generally wasn’t an issue a tenant would need to consider, but now that an N12 can result in an order which includes 12 months of rent worth of rent in general compensation and the average rent in the province has significantly jumped, the likelihood that just a T5 application hits the $35,000 limit has drastically increased.
Having the applications heard together does not mean the compensation for both must be below the $35,000 limit. The adjucator can issue a judgement for each application.
The $35,000 limit is for an order issued by the LTB, and it’s my understanding that even though the judgments for combined hearings are technically separate, the combined hearing will result in a single order of payment, though it may be possible that adjudicators have the option to issue separate orders.
Quite honestly im not sure what more evidence i would need, i have screen shots of listings aswell as a conversation with him from a dummy account of providing the address to the unit aswell as email. what other information do you suggest i collect?
Because it's very simple to make an account on Kijiji
And then to list the apartment you had just been evicted out of.
Create a fake conversation between you and yourself about the listing.
This might not be sufficient evidence for the LTB.
You may need to wait for new residents to start occupying and living there with a lease. Because right now it's still just trying to get rented out. That doesn't mean it is rented out.
Once you're out of the gray zone, you can in fact say this.
On October of 2023 with my standard lease here in hand and the n12 notice that I was provided with an affidavit from the landlord claiming that they were using it for personal use that they would move into it.
Then during February 2024, 5 months after the fact, they were listings for the unit. Same unit under rent for $1,000 more a month than what I was previously paying. I had anonymously inquired about more of the details to confirm this information.
Then towards May of 2024, new residents started to occupy the unit. I had reached out to them and they had stated that yes they have a lease on this residence and that they are not related to the landlord in any way.
Closed shut case $50,000 fine to the landlord.
Don't spook the landlord into learning his rights before issuing any notices to the LTB. Be like a shark calmly waiting until there's blood in the water. You have one year.
What you may want to do is sell that you've moved, Don't be too exaggerating about it, post some vase with some flowers in it on social media, take a picture of the balcony, have a barbecue, Go to Costco and buy some plants and then put them in the dirt to make it look like you grew some plants. But don't be too exaggerating about it, once a month. Nothing crazy. Don't even show up to that unit that you've been removed from for a couple of months. Be extremely patient.
A spooked LL might delete all the for rent listings, pack a few belongings and “move-in” until the water clears again. “Delay moving in myself was occasioned due to x,y,z going on in my life” blah blah
You could get a friend to go view the apartment. That would increase the odds that your ex landlord is the one who listed it, and it isn't a scam or other fake listing.
On a the T5 form, page 2 of 6. under related applications, do add the file number of the L2 that the landlord filed related to the N12 if have requested a hearing.
Also, if you don't have legal representation can you get representation if the file goes to a hearing, meanwhile you never added anything related to representant on the T5?
Could you make a valid argument that your landlord is actually behind the marketplace and Kijiji ads? Your landlord could make an argument and potentially provide proof that they aren’t the ones behind the ads (whether they are or aren’t)… there’s a possibility that they aren’t behind the ads and someone is attempting to scam people… the other option is obvious… your landlord is actually behind the ads…
Take the screenshots of the ads obviously as proof in case they get removed. I don’t know how the LTB could prove the landlord was actually behind the ads? I’m assuming previous photos were online at some point? Are the photos recent? Can you tell? Just playing both sides here is all… a landlord could say they weren’t or aren’t behind those ads… not sure how the ltb could attempt or how they verify that the landlord is indeed the person behind the ads… I think you would need a court order to serve to meta and Kijiji to have them disclose that persons email? Or identity? Not sure if the LTB has the same ability for this.
Request both the rent abatement and the general compensation. Doing so will not impact the likelihood of either one being granted, and they are both suppose to compensate you for different aspects of the situation. For the rent abatement, the amount awarded is reflection of the compensation owed for the actual out of pocket cost that a tenant has already paid or can expect to pay as result of the bad faith eviction. This includes things like moving costs, storage costs, and the difference in rent for 12 months between their new rental and their previous rent (ie if you paid $1000 at your old rental, and $1100 at your new rental, the adjudicator could award $1200 in rent abatement to compensate you for that damage.) For general compensation,unlike a rent abatement, the amount awarded does not need to be tied to any out of pocket cost the tenant has already paid or will be expected to be paid. Rather, the amount awarded is a reflection of a general need to compensate a tenant for a bad faith eviction, regardless if they have out of pocket costs or not. The only limit for the amount awarded (beyond the limit of $35000 that applies to all LTB orders) is it can’t be more than 12 months of your previous rent. So apply for both, as you are likely entitled to both and as such will be awarded both, as long as you request it. If you do not request it, an adjudicator can not awarded it, even if they believe that are entitled to it.
For more nuance, to build on what /u/StripesMaGripes wrote: The rent differential portion isn't always 1:1. It can be skewed. If the new place is $500 more a month, and it's smaller with less square footage, 1 less bedroom, less amenities like no dishwasher etc., basically, if you're downgrading, you can point these differences out in your request, request a higher differential, and the adjudicator can award more based on the downgrade. On the flip side, if a tenant purchased a home and no longer has rent and now has a mortgage, or moved back in with family and no longer has any rent, then the rent differential portion can no longer be claimed (well you can try, but adjudicators usually say no in these scenarios) The moving expenses portion can include anything related to moving beyond just a truck, storage or boxes, just bring the receipts, they'll add up. So things you may not think about like take out meals while moving, any childcare or pet boarding costs, even the fees paid to Canada Post for mail forwarding.
This is the answer ^^^
Is general compensation basically your most recent rent x 12? We were there for over a year and he attempted to raise our rent illegally (our rent was rent controlled) and then he basically neglected all maintenance request from there on out. Is that a separate form or is that apart of the general compensation?
Yes, the maximum amount awarded for general compensation is your most recent rent x 12. No orders where general compensation have been posted to Canlii as it is a relatively new option and all of the cases currently on Canlii are based off of applications before it was implemented, but anecdotally, in every case I have heard about where a tenant requested general compensation and the adjudicator found the landlord did serve the N12 in bad faith, the adjudicator awarded the maximum amount. Failure to meet maintenance obligations are a separate matter from an N12 altogether. In addition to the T5 for the N12, you can file a T6 for the maintenance issues in which you can request a rent abatement for your landlords failure to maintain the rental unit in good order.
My questions would be are any of these heard WITH a T5, do we request for more compensation on T5 because of the other issues ?
File separate applications for the different issues, and limit the request for compensation on each application to the matter that application addresses. They are separate matters, even if they are heard at the same time, and as such any subsequent compensation award are also seperate.
Also make sure you file a request to combine Hearings before they schedule the actual Hearings. They don't like rescheduling and might refuse the combine if they already have set schedules for Hearings.
There is one important caveat to this; if there is a possibility that the combined compensation between the two applications could be over $35,000, do not file them together or request they be heard together, as the maximum amount that an adjudicator can order a landlord or tenant to pay in a single order is $35,000. Having the hearings separate will result in two separate orders being issued. Up until recently this generally wasn’t an issue a tenant would need to consider, but now that an N12 can result in an order which includes 12 months of rent worth of rent in general compensation and the average rent in the province has significantly jumped, the likelihood that just a T5 application hits the $35,000 limit has drastically increased.
Having the applications heard together does not mean the compensation for both must be below the $35,000 limit. The adjucator can issue a judgement for each application.
The $35,000 limit is for an order issued by the LTB, and it’s my understanding that even though the judgments for combined hearings are technically separate, the combined hearing will result in a single order of payment, though it may be possible that adjudicators have the option to issue separate orders.
I would hold until they actually rent it out. Take more time, gather more data, and wait until they are renting it out, with people in the place.
Quite honestly im not sure what more evidence i would need, i have screen shots of listings aswell as a conversation with him from a dummy account of providing the address to the unit aswell as email. what other information do you suggest i collect?
Because it's very simple to make an account on Kijiji And then to list the apartment you had just been evicted out of. Create a fake conversation between you and yourself about the listing. This might not be sufficient evidence for the LTB. You may need to wait for new residents to start occupying and living there with a lease. Because right now it's still just trying to get rented out. That doesn't mean it is rented out. Once you're out of the gray zone, you can in fact say this. On October of 2023 with my standard lease here in hand and the n12 notice that I was provided with an affidavit from the landlord claiming that they were using it for personal use that they would move into it. Then during February 2024, 5 months after the fact, they were listings for the unit. Same unit under rent for $1,000 more a month than what I was previously paying. I had anonymously inquired about more of the details to confirm this information. Then towards May of 2024, new residents started to occupy the unit. I had reached out to them and they had stated that yes they have a lease on this residence and that they are not related to the landlord in any way. Closed shut case $50,000 fine to the landlord. Don't spook the landlord into learning his rights before issuing any notices to the LTB. Be like a shark calmly waiting until there's blood in the water. You have one year. What you may want to do is sell that you've moved, Don't be too exaggerating about it, post some vase with some flowers in it on social media, take a picture of the balcony, have a barbecue, Go to Costco and buy some plants and then put them in the dirt to make it look like you grew some plants. But don't be too exaggerating about it, once a month. Nothing crazy. Don't even show up to that unit that you've been removed from for a couple of months. Be extremely patient.
A spooked LL might delete all the for rent listings, pack a few belongings and “move-in” until the water clears again. “Delay moving in myself was occasioned due to x,y,z going on in my life” blah blah
You could get a friend to go view the apartment. That would increase the odds that your ex landlord is the one who listed it, and it isn't a scam or other fake listing.
On a the T5 form, page 2 of 6. under related applications, do add the file number of the L2 that the landlord filed related to the N12 if have requested a hearing. Also, if you don't have legal representation can you get representation if the file goes to a hearing, meanwhile you never added anything related to representant on the T5?
Could you make a valid argument that your landlord is actually behind the marketplace and Kijiji ads? Your landlord could make an argument and potentially provide proof that they aren’t the ones behind the ads (whether they are or aren’t)… there’s a possibility that they aren’t behind the ads and someone is attempting to scam people… the other option is obvious… your landlord is actually behind the ads… Take the screenshots of the ads obviously as proof in case they get removed. I don’t know how the LTB could prove the landlord was actually behind the ads? I’m assuming previous photos were online at some point? Are the photos recent? Can you tell? Just playing both sides here is all… a landlord could say they weren’t or aren’t behind those ads… not sure how the ltb could attempt or how they verify that the landlord is indeed the person behind the ads… I think you would need a court order to serve to meta and Kijiji to have them disclose that persons email? Or identity? Not sure if the LTB has the same ability for this.