If your landlord serves an N13 notice for major renovations in Ontario, they must give you 120 days’ notice and usually must obtain municipal building permits. You have the legal “right of first refusal” to return to the unit at your original rent price once the work is done, and the landlord must pay you mandatory compensation.
As property values rise across Ontario, a practice known as “renoviction” has become increasingly common. Landlords often want to empty a building, apply a quick coat of paint and some new floors, and then put the units back on the market for double the rent. 📝
Under the Residential Tenancies Act (RTA), a landlord can legally evict you to do major repairs or demolish the unit, but they must use a Form N13. However, this form comes with massive protections for the tenant. A landlord cannot kick you out just to do minor cosmetic upgrades.
This guide will show you how to scrutinize an N13 notice, explain your right to return to your home at the exact same rent, and detail the mandatory compensation you are owed. We will also cover how to spot a “bad faith” renoviction and when it is wise to consult a local law firm.
Step-by-Step Process in Ontario
Whether you rent an older apartment in Toronto, a duplex in Hamilton, or a townhouse in London, the rules for an N13 are incredibly strict. Many landlords attempt to pressure tenants into signing an N11 (mutual agreement to end tenancy) instead of an N13 to avoid paying compensation. 📍
Never sign an N11 unless you are receiving a massive “cash for keys” buyout. If you receive an N13, follow these steps to protect your tenancy.
Step 1: Scrutinize the 120-Day Notice and Permits
An N13 requires the landlord to give you a minimum of 120 days’ written notice. The termination date must also align with the last day of your rent period. ❗
Crucially, the renovations must be so extensive that they require a building permit from the city, and the unit must genuinely need to be vacant to safely do the work. If the landlord only wants to install new kitchen cabinets, an N13 is generally invalid, as that work can usually be done while you live there.
Step 2: Give Written Notice of Your Intent to Return
If you want to keep your rent-controlled home, you have the “Right of First Refusal.” You must write a letter or email to your landlord stating that you intend to move back into the unit once the renovations are finished.
You must give the landlord this written notice *before* you move out. You must also ensure you keep the landlord updated with any changes to your phone number or temporary address so they can contact you when the unit is ready.
Step 3: Collect Your Mandatory Compensation
An N13 eviction requires the landlord to compensate you financially. If your building has fewer than 5 residential units, the landlord must pay you an amount equal to 1 month’s rent. 💪
If the building has 5 or more units, the landlord must pay you 3 months’ rent. This money must be paid to you before the termination date on the notice. If they do not pay you in time, the N13 notice becomes legally flawed.
Step 4: Wait for a Hearing if You Suspect Bad Faith
You do not have to move out on the termination date. If you believe the landlord does not have permits, or you suspect they just want to put the unit on Airbnb, you can stay in your home and wait for a Landlord and Tenant Board (LTB) hearing.
The landlord will have to file an L2 Application. At the virtual hearing, the adjudicator will force the landlord to prove that the renovations are extensive, that permits have been obtained, and that vacant possession is absolutely necessary.
How Much Does it Cost in Ontario?
Understanding the financial aspects of an N13 is vital. The law is structured to ensure that a landlord performing a renoviction pays for the disruption to your life. 💰
Here is a breakdown of the compensation and potential legal costs:
| Compensation / Action | Estimated Amount (CAD) | Who Pays? |
|---|---|---|
| Mandatory Comp (1-4 Units) | 1 Month of Rent | Landlord pays Tenant |
| Mandatory Comp (5+ Units) | 3 Months of Rent | Landlord pays Tenant |
| Filing Form T5 (Bad Faith) | $48 (Online Portal) | Tenant pays LTB |
| Paralegal / Lawyer Defence | $1,000 – $3,000+ | Tenant pays out of pocket |
If you move out and later discover the landlord just painted the walls and immediately rented it to someone else for double the price, you can file a Form T5. The LTB can fine the bad faith landlord up to $35,000 and force them to pay the difference in your new rent for a full year.
How Long Does the Process Take?
Renovictions are incredibly slow. The initial N13 notice must give you exactly 120 days before the termination date. ⏱
If you refuse to leave and wait for a hearing, the LTB currently has severe backlogs. It will usually take the board 6 to 9 months to schedule your eviction hearing. During this entire wait, you remain a legal tenant and simply continue paying your normal rent.
If you do move out and invoke your right of first refusal, the renovation itself could take anywhere from 2 to 12 months. If you discover it was a bad-faith eviction, you have up to 2 years from the day you vacated to file your Form T5 lawsuit against the landlord.
Frequently Asked Questions (FAQ)
Can the landlord raise my rent when I move back in?
No. If you exercise your right of first refusal, the landlord must offer the unit back to you at the exact same rent you were paying before the renovations, plus any standard annual provincial guidelines that passed while you were gone. They cannot charge you current market rates.
What if the city doesn’t require a permit for the work?
If the work does not legally require a building permit (like painting, changing carpets, or replacing light fixtures), the LTB will generally rule that the work is not extensive enough to require vacant possession. The N13 will likely be dismissed.
Does the landlord have to pay for my temporary apartment?
No. The landlord is only required to pay you the 1 or 3 months of mandatory compensation. They are not required to find you a temporary place to live, nor are they required to pay your moving truck fees, unless you negotiate a private “cash for keys” deal.
What happens if the landlord rents it to someone else while I’m waiting?
If you gave written notice that you wanted to return, and the landlord ignores you and rents it to a new tenant, they have committed a serious offence. You must file a Form T5 at the LTB for a bad faith eviction to secure massive financial penalties against the landlord.
Should I hire a law firm to fight a renoviction?
Yes, it is highly recommended. Renovictions are incredibly complex. A local paralegal or law firm can investigate the municipal permit database to prove the landlord is lying, cross-examine them at the LTB hearing, and protect your right to stay in your rent-controlled home.
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