Application for Illegal Lockout or Eviction (T5)

Dealing with Illegal Lockouts and Evictions

As a tenant, you are protected by law from illegal lockouts and evictions. If you are facing an unlawful lockout or eviction from your rental unit, you have the right to file an Application for Illegal Lockout or Eviction (T5) with the Landlord and Tenant Board (LTB). This application allows you to address any actions taken by a landlord that violate your rights as a tenant.

What is an Illegal Lockout or Eviction?

An illegal lockout or eviction occurs when a landlord takes matters into their own hands, removing a tenant from the rental unit without following the legal process. This includes actions such as changing locks, cutting off access to essential services, or forcing you out without a proper eviction notice or court order.

It is important to understand that landlords are not allowed to evict tenants without going through the correct legal steps. If your landlord has engaged in any of these illegal actions, you can file a T5 Application to hold them accountable and seek remedies.

Grounds for Filing a T5 Application

The T5 Application is used when a tenant is illegally locked out or evicted. It is designed to address any wrongful actions taken by a landlord that disrupt a tenant’s right to remain in their rental unit.

Common grounds for filing a T5 Application include:

1. Illegal Lockouts: A landlord cannot change the locks on your rental unit without following the proper legal process. If your landlord has locked you out, you have the right to seek relief through the T5 Application.
2. Disconnection of Services: If the landlord shuts off utilities or services that are necessary for your use and enjoyment of the rental unit, such as water, electricity, or heating, this could be considered an illegal eviction action.
3. Physical Removal: If your landlord attempts to forcibly remove you from the rental unit, such as by hiring security or using physical force, it is an illegal eviction. This is prohibited by law and can be addressed with a T5 Application.
4. Failure to Provide Notice: Landlords must give proper notice and follow specific legal steps to evict a tenant. If your landlord has failed to do so, you may have grounds for a T5 Application.

How to File a T5 Application

To file an Application for Illegal Lockout or Eviction (T5), follow these steps:

1. Document the Incident: It is crucial to gather evidence of the illegal lockout or eviction. This may include taking photos of any changes to locks, disconnections of services, or any written communication you have with your landlord regarding the issue.
2. Attempt Resolution with the Landlord: Before filing the T5 Application, you should attempt to resolve the issue directly with your landlord. In some cases, the landlord may not be aware that their actions are illegal and may be willing to rectify the situation.
3. Fill Out the T5 Form: The T5 Application form requires detailed information about the illegal lockout or eviction, including when it occurred and the circumstances surrounding the event. Be sure to include all supporting documentation as evidence.
4. Submit the Application: After completing the form, submit it to the Landlord and Tenant Board along with the applicable filing fee. The LTB will schedule a hearing to review your case.
5. Attend the Hearing: At the hearing, you will present your case and provide evidence to support your claim. The landlord will also have the opportunity to present their side of the situation. The LTB will consider both parties’ arguments before making a decision.

Possible Outcomes of the T5 Application

After reviewing the evidence and hearing both sides, the Landlord and Tenant Board may issue several possible outcomes:

• Order for Repossession: If you are locked out of your rental unit, the LTB may order that you be allowed to return to your home.
• Compensation: The LTB may award you financial compensation if you have suffered losses due to the illegal lockout or eviction.
• Rent Reduction: In some cases, the LTB may reduce your rent or order compensation for inconvenience caused by the landlord’s actions.
• Penalties for the Landlord: The LTB may order the landlord to pay penalties or fines for their unlawful actions.

Why Legal Assistance Matters

The process of filing a T5 Application can be complex, and tenants may face challenges in gathering evidence or presenting their case. A paralegal can help in several ways:

• Providing Legal Advice: A paralegal can guide you on the best course of action and whether filing a T5 Application is the right decision for your situation.
• Document Preparation: Paralegals can assist with completing the T5 Application form correctly and gathering the necessary evidence to support your case.
• Representation: While paralegals cannot represent you in court, they can provide valuable support during the hearing by helping you present your case effectively.

Act Quickly to Protect Your Rights

If you believe your landlord has engaged in an illegal lockout or eviction, it is important to take immediate action. Filing a T5 Application as soon as possible ensures that your rights are protected and that you can return to your rental unit or receive appropriate compensation for the illegal actions.

Need Help with Your T5 Application?

If you’re dealing with an illegal lockout or eviction, our team is ready to help. Contact us today to discuss your situation and get assistance with filing your T5 Application. We can guide you through the process and help ensure your rights as a tenant are upheld.