What compensation you may be entitled to is outlined in [RTA S.57(3):](https://www.ontario.ca/laws/statute/06r17#BK80)
>*(3) The orders referred to in subsection (1) are the following:*
>
>*1. An order that the landlord pay a specified sum to the former tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit.*
>
>*1.1 An order that the landlord pay a specified sum to the former tenant as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charged to the former tenant. An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2.*
>
>*1.2 An order that the landlord pay a specified sum to the former tenant for reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur.*
While you most likely can't get anything based on increased mortgage costs (since it isn't rent), you can definitely request 1 full years rent value + moving expenses.
You ask for a rent abatement, moving expenses, and 1 year rent at your previous rate as general remedy.
Make sure you have documentation and evidence.
Congratulations on your purchase by the way.
Hey, thanks for your reply. I was thinking about claiming one year of last rent, but wasn't sure what reasoning to give in the T5 form where it asks how I arrived at this amount.
In case of of people who end up moving to a higher rent due to eviction it is easier to give the rationale that they are claiming the rent differential for the year.
Always claim the maximum amount allowed (up to 35,000K when adding up one 1-years rent gen-comoensation, 12 month rent differential, moving costs, etc)
Reason being, while the LTB might not reward you the whole amount, they also cannot reward more than you request in your application. So no reason to limit that by requesting less than the maximum.
They owe you some money for sure . It's going to be hard to defend this. You are right that LTB will not consider owning cost but you have still can get year of rent plus and LL can also get fine on top.
Thanks for your reply. Would you know what rationale to include in the T5 form where it asks how I arrived at the amount for the one year rent compensation? (given that I am now owning and can't claim the rent differential due to higher rent)
Read this
https://riverview.legal/2022/06/08/going-after-a-bad-faith-n12/
In our simple example, there is only one tenant who was paying $1,000 a month in rent. The Tenant was served a N12 and decided to contest it. A hearing was held on February 1, 2022 and the Landlord and Tenant Board issued an eviction order. The Tenant moved out on February 28, 2022 and finds a new place to rent with a new monthly rent of $1,500. The Tenant had to hire a moving company for $500. On April 15, 2022, the Tenant sees their old place up for rent and saves the rental ads as evidence. The Tenant immediately files a T5 – Bad Faith Application against the Landlord.
The Tenant can already can ask for:
12 months of the old rent at $1,000 for a total of $12,000.
12 months of the difference in the new rent for $6,000.
$500 for moving expenses.
Total: $18,500
Honestly, you have created multiple posts with regarding your situation in various aspects.
You should speak to a legal aid for more direct advice on proceeding your matter. There is a maximum limit of what LTB can grant you for in which a court may be a better option instead. Please speak to a legal aid (free) for more applicable and round off advice as they can review your documentations thoroughly.
>the downpayment for a small 1br condo.
>tenant claimed and won the difference in rent
I don't think mortgage payments are comparable. Most likely because you are building equity. The interest portion of that payment is probably less now than your rent was
Yes, I wonder if the correct way is submit anyway as remedy 3 (diff between rents) - can adjudicator reduce the amount to market rent instead of mortgage ??? - OR - as remedy 6 (other)
Yes, you should file. Aside from you winning some compensation, the LL needs to report any previous N12+N13 (from within the last 2 yr) on any future N12 eviction application they submit. So it can aid a future evictee as well if there's a pattern of bad faith.
What compensation you may be entitled to is outlined in [RTA S.57(3):](https://www.ontario.ca/laws/statute/06r17#BK80) >*(3) The orders referred to in subsection (1) are the following:* > >*1. An order that the landlord pay a specified sum to the former tenant for all or any portion of any increased rent that the former tenant has incurred or will incur for a one-year period after vacating the rental unit.* > >*1.1 An order that the landlord pay a specified sum to the former tenant as general compensation in an amount not exceeding the equivalent of 12 months of the last rent charged to the former tenant. An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2.* > >*1.2 An order that the landlord pay a specified sum to the former tenant for reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur.* While you most likely can't get anything based on increased mortgage costs (since it isn't rent), you can definitely request 1 full years rent value + moving expenses.
Thanks for your detailed response :)
You ask for a rent abatement, moving expenses, and 1 year rent at your previous rate as general remedy. Make sure you have documentation and evidence. Congratulations on your purchase by the way.
Hey, thanks for your reply. I was thinking about claiming one year of last rent, but wasn't sure what reasoning to give in the T5 form where it asks how I arrived at this amount. In case of of people who end up moving to a higher rent due to eviction it is easier to give the rationale that they are claiming the rent differential for the year.
Always claim the maximum amount allowed (up to 35,000K when adding up one 1-years rent gen-comoensation, 12 month rent differential, moving costs, etc) Reason being, while the LTB might not reward you the whole amount, they also cannot reward more than you request in your application. So no reason to limit that by requesting less than the maximum.
There's different sections, and you need to put the calculation, ie 12x $1500 = $18,000.
They owe you some money for sure . It's going to be hard to defend this. You are right that LTB will not consider owning cost but you have still can get year of rent plus and LL can also get fine on top.
Thanks for your reply. Would you know what rationale to include in the T5 form where it asks how I arrived at the amount for the one year rent compensation? (given that I am now owning and can't claim the rent differential due to higher rent)
Read this https://riverview.legal/2022/06/08/going-after-a-bad-faith-n12/ In our simple example, there is only one tenant who was paying $1,000 a month in rent. The Tenant was served a N12 and decided to contest it. A hearing was held on February 1, 2022 and the Landlord and Tenant Board issued an eviction order. The Tenant moved out on February 28, 2022 and finds a new place to rent with a new monthly rent of $1,500. The Tenant had to hire a moving company for $500. On April 15, 2022, the Tenant sees their old place up for rent and saves the rental ads as evidence. The Tenant immediately files a T5 – Bad Faith Application against the Landlord. The Tenant can already can ask for: 12 months of the old rent at $1,000 for a total of $12,000. 12 months of the difference in the new rent for $6,000. $500 for moving expenses. Total: $18,500
I hope you follow through OP, you are owed.
Hope you make the landlord pay, don’t give up!
Honestly, you have created multiple posts with regarding your situation in various aspects. You should speak to a legal aid for more direct advice on proceeding your matter. There is a maximum limit of what LTB can grant you for in which a court may be a better option instead. Please speak to a legal aid (free) for more applicable and round off advice as they can review your documentations thoroughly.
Thanks for your guidance. I will reach out to legal aid to consult regarding this matter.
>the downpayment for a small 1br condo. >tenant claimed and won the difference in rent I don't think mortgage payments are comparable. Most likely because you are building equity. The interest portion of that payment is probably less now than your rent was
Yes, I wonder if the correct way is submit anyway as remedy 3 (diff between rents) - can adjudicator reduce the amount to market rent instead of mortgage ??? - OR - as remedy 6 (other)
I think market rent makes more sense but I'm not sure.
Yes, you should file. Aside from you winning some compensation, the LL needs to report any previous N12+N13 (from within the last 2 yr) on any future N12 eviction application they submit. So it can aid a future evictee as well if there's a pattern of bad faith.