Hamilton

What does Hamilton's renovation licence by-law mean for an N13 eviction?

Last updated October 8, 2026.

Since January 1, 2025, Hamilton's Renovation Licence and Relocation By-law 24-055 requires a landlord who serves an N13 for renovations needing an empty unit to apply for a renovation licence within 7 days. The licence costs $715. If the tenant chooses to return, the landlord must provide comparable temporary housing or monthly rent gap payments, plus movers or a moving payment of $1,500 or $2,500. Renovation work cannot begin until the City issues the licence.

The by-law sits on top of the provincial N13 rules, which still decide whether the tenancy ends. Our page on how an N13 for renovations or demolition works covers the 120-day notice, compensation and the right of first refusal. This page covers only what Hamilton adds. For the wider picture, see our page on landlord and tenant help. Other local forums are covered in our guide to Hamilton's courts and tribunals.

When does the Hamilton by-law apply?

The City says a renovation licence is required when both of these are true: the landlord serves an N13, and the tenant must move out so extensive repairs or renovations can be done. It applies to all rental housing units in Hamilton, whatever the size of the building, which is different from the provincial compensation rules that turn on whether the building has five or more units.

There are exemptions. The City lists licensed hotels, motels, inns, bed and breakfasts, tourist homes, licensed lodging homes, licensed short-term rentals and licensed residential care facilities, and buildings governed by the Homes for Special Care Act, Innkeepers Act, Long-Term Care Homes Act, Retirement Homes Act or Housing Services Act, as well as certain social or affordable housing. The City's tenant guide adds that the by-law covers renovations only: if the N13 is for demolition or conversion, the City's Rental Housing Protection By-law applies instead.

What must a Hamilton landlord do, step by step?

1. Give each affected tenant the City's Tenant Rights and Entitlement Package along with the N13. The City requires this, and the package explains the provincial rules and the by-law.
2. Apply for the licence within 7 days of serving the N13. The application includes the Renovation Licence Application Form, the fee, copies of all N13 notices, a valid building permit, and a Qualified Person Letter.
3. Get the Qualified Person Letter. It must come from a Professional Engineer in good standing with Professional Engineers Ontario, or an architect in good standing with the Ontario Association of Architects, and confirm the work is so extensive that the unit must be vacant.
4. Submit it. Applications go by email to the City's renovation licence inbox, or in person at Licensing and By-law Services, 330 Wentworth Street North (Monday and Wednesday, 8:30 a.m. to 4:30 p.m.), or at the One Stop Business Licensing counter, City Hall, 1st floor, 71 Main Street West (Monday to Friday, 8:30 a.m. to 4:30 p.m.).
5. Tell the tenants within 5 days of applying, and post a notice in a clearly visible common area of a multi-unit property.
6. Agree on temporary arrangements with each tenant who will return, then submit an Attestation Form for each affected unit as soon as there is an agreement. The City says the form may be submitted up to 120 days after the N13 is served, and City staff will contact the tenant to confirm it.
7. Wait for the licence. The City says it will not issue a licence until all materials are received and reviewed, and renovation work cannot begin until all City requirements are met.
8. Renew if the work runs long. A licence lasts one year. If the work goes past that, renew before it expires; the renewal fee is $125 a year, and a late reinstatement fee may apply.

What does a Hamilton tenant get under the by-law?

The extra protection depends on the tenant choosing to come back. Under section 53(2) of the Residential Tenancies Act, a tenant who wants the right of first refusal must give the landlord written notice before moving out. The City's page describes the by-law trigger as notifying the landlord in writing within 120 days of receiving the N13 and giving a temporary mailing address. Doing both early, in writing and before you leave, satisfies both.

Once a tenant has said they will return, the landlord must make one of two arrangements for the renovation period.

• Temporary alternate accommodation. It must be comparable: rent equal to or less than the original rent, a comparable number of bedrooms and size, and reasonable proximity to transit, community facilities such as schools and libraries, and shops and services.
• Rent gap payments. Where comparable housing at the same rent is not available, the landlord pays the difference. The City's tenant guide says the amount is based on unit size and the most recent CMHC average market rent for the Hamilton area, and that if the tenant finds their own temporary home, the landlord pays the full difference in rent while the tenant waits to return. Payments are due within 7 days before the first day of each month. The City provides the current average market rent figures on request.

On top of either option, the landlord must deal with moving costs, either by hiring and paying an insured moving company or by paying $1,500 for a bachelor or one-bedroom unit, or $2,500 for two or more bedrooms. These by-law amounts are in addition to the compensation the Act requires, which the tenant guide also points out.

A tenant who does not choose to return is not owed the temporary housing or by-law compensation, but is still owed the provincial N13 compensation.

How does the by-law affect the case at the Landlord and Tenant Board?

Section 73(1) of the Act says the Board cannot evict on an N13 unless the landlord intends in good faith to do the work and has obtained all necessary permits or other authority, or taken all reasonable steps to get them where they cannot be had until the unit is vacant. The LTB's Interpretation Guideline 12 says a required municipal renovation licence is an example of that "other authority". If the landlord has not obtained it before the hearing, the guideline says the Board may dismiss the application, or adjourn the hearing if satisfied the landlord has made all reasonable efforts to get it.

That makes the licence a practical issue at an L2 hearing for a Hamilton unit. For how hearings run locally, see how an LTB case works for a Hamilton rental. If the Board's order goes against you, our page on what to do if you disagree with an LTB order explains the 15-day review deadline.

What changes the answer?

• The reason on the N13. Demolition and conversion N13s are outside this by-law, according to the City's tenant guide. An N12 for a landlord's or buyer's own use is a different notice entirely; see when a landlord can use an N12.
• Whether the tenant will return. Temporary housing, rent gap payments and moving costs under the by-law follow the tenant's decision to come back.
• Whether the parties agree. If the landlord and tenant cannot agree on temporary arrangements, the landlord must notify Licensing and By-law Services and may request an exemption, which the Director reviews case by case and may grant with conditions.
• Whether the landlord re-rents instead. The by-law is enforced mainly on complaint, and the City says officers may request LTB files and compare them with City records. A tenant who is not let back in may also have a T5 claim; see what a tenant can do after a bad-faith eviction.
• The type of property. Exempt properties, such as licensed lodging homes or retirement homes, fall outside the by-law.

A worked example

For example, imagine a Hamilton landlord named Victor who owns a three-unit house. He plans to replace the wiring and plumbing in the upper unit, rented by a tenant named Aisha for $1,300 a month, and an engineer confirms the unit must be empty. Victor gets a building permit and serves an N13 with the City's Tenant Rights and Entitlement Package on November 2, 2026.

By November 9 he emails his licence application with the N13, the permit, the engineer's letter and the $715 fee, and within 5 days of applying he tells Aisha and posts a notice in the shared hallway. Aisha writes to Victor, before moving out, that she will return, and gives a temporary mailing address. No comparable unit at $1,300 is available, so they agree on monthly rent gap payments using the City's average market rent figure, plus a $2,500 moving payment because her unit has two bedrooms. Victor files the Attestation Form, and City staff call Aisha to confirm it.

Because the house has fewer than five units, the provincial compensation for a returning tenant is the lesser of one month's rent and the renovation period. When the work is done, Victor must give Aisha written notice and at least 60 days to move back at her lawful rent. These facts are invented for illustration and do not describe a real case.

What mistakes do landlords and tenants make with the by-law?

• Landlords waiting for the permit before applying. The 7-day clock runs from service of the N13, so line up the permit and the engineer's or architect's letter first.
• Starting work early. The City lists a $400 administrative penalty for renovating without a licence.
• Skipping the tenant package or the 5-day notice. Both are required steps the City checks.
• Tenants relying on a phone call. Give written notice that you will return before you move out, keep proof, and make sure it is recorded on the Attestation Form.
• Tenants losing touch. Keep the landlord informed of your address in writing while you are away, as the Act requires.
• Assuming the City decides the eviction. The City does not enforce the Act; the LTB decides whether the tenancy ends.

What to do this week

1. Read the N13 and confirm the reason is repairs or renovations, not demolition or conversion.
2. Tenants: ask the City at 905-546-2782 option 2 whether your landlord has applied for a licence.
3. Tenants who want to return: send a dated written notice to the landlord now, with a temporary mailing address.
4. Landlords: gather all N13s, the building permit and the Qualified Person Letter, and apply within 7 days of service.
5. Landlords: notify tenants of the application within 5 days and post a notice in common areas.
6. Both sides: work out temporary housing or rent gap payments and the moving option, and get the Attestation Form signed.
7. Read our article on tenant rights when facing illegal eviction attempts if pressure to leave starts before any hearing.

Frequently asked questions

Does the by-law stop my landlord from evicting me?

No. It adds a licence and relocation duties, but whether the tenancy ends is still decided by the LTB under the Act. A missing licence can, however, lead the Board to dismiss or adjourn the landlord's application under section 73 and Guideline 12.

How do I know if my landlord applied for a licence?

The landlord must tell you within 5 days of applying. The City's tenant guide also says you can ask Licensing and By-law Services directly at 905-546-2782 option 2.

Can I pick my own temporary apartment?

Yes. The City's tenant guide says that if you find your own temporary accommodation, the landlord must pay the full difference in rent while you wait to return, with payments due within 7 days before the first of each month.

What if my landlord and I cannot agree?

The landlord must notify Licensing and By-law Services, and may ask for an exemption, which the Director reviews case by case. Tenants can also contact the City's Tenant Support Program for help.

Does the by-law apply to a basement apartment in a house?

The City says it applies to all rental housing units in Hamilton, apart from the listed exemptions, and a rented basement unit is not on that exemption list.

Can a paralegal help with the LTB side of a Hamilton N13?

Yes. Carson Frankum, a licensed paralegal in Hamilton, can represent landlords or tenants at the Landlord and Tenant Board on renovation eviction disputes. Any appeal to the Divisional Court would need a lawyer.

Sources

• Renovation Licence and Relocation By-law 24-055: requirements, fees, penalties (City of Hamilton)
• Hamilton Tenant Guide: Tenant Rights and Entitlement Package, Section 3 (City of Hamilton)
• Rental Property By-laws (City of Hamilton)
• Tenant Support Program (City of Hamilton)
• Residential Tenancies Act, 2006, ss. 50, 53, 54 and 73 (Ontario e-Laws, currency date October 5, 2026)
• LTB Interpretation Guideline 12: municipal renovation licences as "other authority" (Tribunals Ontario)
• By-Law 4, Licensing, s. 6 (Law Society of Ontario)

Have a question about a Small Claims, Landlord and Tenant Board or provincial offences matter in Hamilton? Contact us today for a consultation.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.