Landlord and Tenant Issues

How does an N13 eviction for renovations or demolition work in Ontario?

Last updated October 7, 2026.

An Ontario landlord can end a tenancy with an N13 to demolish a unit, convert it to a non-residential use, or do repairs or renovations so extensive that they need a building permit and an empty unit. The notice must give at least 120 days and end on the last day of a rental period or lease term. Compensation runs from one to three months' rent depending on building size, and a tenant leaving for renovations can keep the right to move back at the same lawful rent.

Disputes over renovation evictions turn on the details: whether the work truly needs the unit empty, whether permits are in place, and whether the tenant gave the right written notice before leaving. Our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal in Hamilton, works on Landlord and Tenant Board (LTB) cases for both sides.

How does an N13 work, step by step?

The rules come from sections 50 to 55.1, 73 and 83 of the Residential Tenancies Act, 2006, read with the LTB's current N13 and L2 instructions and Interpretation Guideline 12, all updated for amendments in force September 21, 2026.

The landlord confirms the ground. Section 50(1) allows an N13 only to demolish the unit, convert it to a purpose other than residential premises, or do repairs or renovations that require a building permit and vacant possession. The LTB guideline notes decisions dismissing applications where no building permit was needed, and one finding that turning a unit into a short-term rental is not a conversion to a non-residential use.
The landlord lines up permits. At the hearing, the Board cannot end the tenancy unless the landlord has the necessary permits or other authority, or has taken all reasonable steps to get them where they cannot issue until the unit is empty (s. 73(1)). The LTB guideline says a required municipal renovation licence counts as "other authority".
The landlord completes the current N13. The LTB replaced the N13 on September 21, 2026 and will not accept older versions after November 30, 2026. The form asks for details of the planned work and whether permits have been obtained. For a renovation, the notice must tell the tenant how to keep the right of first refusal (s. 50(3)).
The landlord sets the termination date. It must be at least 120 days after the notice is given and be the last day of a rental period, or the last day of a fixed term (s. 50(2)). The LTB says not to count the day of service, and to add five days if the notice is mailed and one business day if it goes by courier.
The landlord serves the notice. The LTB lists handing it to the tenant or an adult in the unit, the mailbox, under the door or through a mail slot, fax, courier or mail. Posting it on the door is not allowed.
The tenant decides. A tenant who wants to move back after a renovation must tell the landlord in writing before moving out (s. 53(2)), and must keep the landlord informed in writing of any change of address (s. 53(4)). A tenant can also leave before the termination date with at least 10 days' written notice (s. 50(4) and (5)).
The landlord pays compensation by the termination date (s. 55.1), using the table below. The Board cannot issue an eviction order until it is paid (s. 83(4) and (5)).
If the tenant stays, the landlord files an L2. The deadline is 30 days after the termination date (s. 69(2)) and the fee is $201, or $186 through the Tribunals Ontario Portal. The application must list every N12 or N13 the landlord gave in the past two years (s. 71.1(3)). At the hearing the landlord must show a genuine intention to do the work and the permit position (s. 73), and the Board may weigh the landlord's earlier notices (s. 73(2)). The Board may delay an eviction for an N13 if a delay would not be unfair to the landlord or other tenants (O. Reg. 516/06, s. 8.4).
When the work is done. If the tenant gave written notice on or after September 21, 2026, the landlord must, without delay, tell the tenant in writing the estimated completion date, any change to it, and when the unit is ready (s. 53(2.1)). If the unit is ready on or after that date, the tenant gets at least 60 days to move back (s. 53(2.2)), at a rent no higher than the landlord could lawfully have charged with no interruption (s. 53(3)).

For the overall calendar from notice to hearing to Sheriff, see how long an eviction takes in Ontario.

N13 compensation in Ontario (Residential Tenancies Act, 2006, ss. 52 and 54, read October 7, 2026)
Situation	Building with 5 or more units	Building with fewer than 5 units
Demolition or conversion	3 months' rent, or another unit the tenant accepts	1 month's rent, or another unit the tenant accepts
Renovation, tenant not moving back	3 months' rent, or another unit the tenant accepts	1 month's rent, or another unit the tenant accepts
Renovation, tenant gave written notice to move back	Rent for the lesser of 3 months and the renovation period	Rent for the lesser of 1 month and the renovation period
Work ordered under any Act	No compensation required	No compensation required
When it must be paid	No later than the termination date in the notice (s. 55.1)	No later than the termination date in the notice (s. 55.1)

A separate rule in section 55 requires three months' rent for a renovation N13 given less than two years after a severance that split a building of five or more units into one with fewer than five.

What is the right of first refusal?

A tenant who receives an N13 for repairs or renovations can choose to move back in once the work is done (s. 53(1)). The LTB guideline describes it plainly: the landlord cannot refuse to let the tenant return if the tenant gave the written notice. The rent on return is capped at what the landlord could have lawfully charged had the tenancy never been interrupted (s. 53(3)).

The 2026 changes added teeth. If a landlord fails to send the required written updates, or does not give the 60 days to move back, the landlord is deemed to have failed to afford the right of first refusal (s. 57.1(1.1)). The former tenant can then file a T5 within the later of two years after moving out or six months after the work is completed (s. 57.1(2)). Our page on what a tenant can do after a bad-faith eviction explains that application. Failing to afford a right of first refusal is also an offence (s. 233(e)).

What changes the answer?

Whether the unit really must be empty. Repairs that can be done with the tenant in place are not an N13 ground. A landlord can enter for repairs with 24 hours' written notice (s. 27(1)), and a tenant with repair problems has a different route; see how a T6 maintenance application works.
Renovation versus demolition. If the unit stops existing, it is a demolition and there is no right to return. The LTB guideline notes a court decision treating the merger of two separately rented units into one as a demolition.
The report requirement is not in force yet. The Helping Homebuyers, Protecting Tenants Act, 2023 added a rule that a renovation N13 must come with a report from a qualified person saying the unit must be vacant (s. 50(3)(b)), but as of the October 2, 2026 e-Laws currency date it still awaits a proclamation date. Hamilton's licence already asks for a similar letter.
Hamilton's by-law. Hamilton's Renovation Licence and Relocation By-law 24-055, in effect since January 1, 2025, requires the landlord to apply for a licence within seven days of serving a renovation N13, with a building permit and a letter from a professional engineer or architect. For tenants who plan to return, it adds temporary housing or monthly rent gap payments and moving costs. See Hamilton's renovation licence by-law.
Building size and who ordered the work. Five units is the line for three months' compensation, and work ordered under any Act carries no compensation (ss. 52 and 54).
Special housing. The LTB guideline says the compensation rules do not apply to most social housing units (s. 7), and a tenant-owned mobile home site needs at least one year's notice and compensation of the lesser of one year's rent and $3,000 (s. 164).
Retaliation. The Board must refuse an eviction brought because the tenant complained to a government authority or tried to enforce their rights (s. 83(3)).
A different no-fault notice. If the landlord or a buyer wants to live in the unit, the notice is an N12 instead; see when a landlord can use an N12. A sale has its own rules, covered in what happens when the house is sold.

A worked example

For example, imagine a Hamilton tenant named Dana who rents a two-bedroom unit in a six-unit building for $1,500 a month. Her landlord plans to rewire the building and rebuild her kitchen and bathroom, work that needs a building permit and an empty unit. The landlord hands her an N13 on October 20, 2026. One hundred and twenty days later is February 17, 2027, so the earliest valid termination date is February 28, 2027.

Under Hamilton's by-law, the landlord must apply for a renovation licence within seven days, so by October 27. Before moving out, Dana gives the landlord a signed letter saying she wants to move back, with a temporary mailing address. Because the building has five or more units and she plans to return, the provincial compensation is the rent for the lesser of three months and the renovation period: if the work takes two months, that is $3,000, due by February 28. The by-law adds temporary housing or rent gap payments, and moving help (insured movers or $2,500 for a unit with two or more bedrooms).

When the work wraps up, the landlord must tell Dana in writing that the unit is ready and give her at least 60 days to move back, at no more than her lawful rent as if she had never left. If instead the unit is quietly re-rented to someone else, Dana can file a T5. This is a made-up example to show the timing, not a real case.

What mistakes do landlords and tenants make with an N13?

Using an N13 for cosmetic work. Painting, flooring or work that needs no permit or vacancy does not meet section 50(1)(c), and the application can be dismissed.
A termination date that is short or off the period end. The LTB guideline says a defective notice cannot be fixed after it is given.
Forgetting past N12 and N13 notices. The L2 must list all of them from the past two years, for any unit, or the LTB will refuse it.
Paying compensation late. If it is unpaid after the termination date, the guideline says the application will be dismissed unless there are exceptional circumstances.
Tenants giving notice to return too late, or only by phone. The right of first refusal depends on written notice before you move out, and a written address update every time you move.
Hamilton landlords skipping the licence. The City lists a $400 administrative penalty for renovating without a licence, set fines of $500 to $1,000, and by-law fines up to $10,000 for individuals and $50,000 for corporations.

What to do this week

Tenants: read the "details about the work" section of the N13 and ask in writing for a copy of the building permit.
Count the days to the termination date (120 or more) and check it falls on the last day of a rental period or your lease.
If you want to return, write a dated letter to the landlord saying so, keep a copy, and give an address where you can be reached.
Count the residential units in the building to work out which compensation row applies, and note the date it is due.
Landlords in Hamilton: apply for the renovation licence within seven days of serving the N13 and give each tenant the City's tenant rights package.
Landlords: gather permits, contractor schedules and your list of N12 and N13 notices from the last two years before you file the L2.
For local help and the Hamilton LTB process, see how an LTB case works for a Hamilton rental.

Frequently asked questions

Do I have to move out on the N13 termination date?

No. The notice starts the process. If you stay, the landlord must file an L2 and prove the case at a hearing, and only the sheriff can carry out an eviction order, which cannot take effect before the termination date (s. 80(1)).

Can my landlord charge more rent when I move back?

Only up to the rent the landlord could have lawfully charged if your tenancy had never been interrupted (s. 53(3)). The renovation itself does not reset the rent.

What if the renovation never happens?

If you moved out because of the N13 and the landlord did not do the work within a reasonable time, you can file a T5 within one year after moving out (s. 57(1)(c) and (2)). If the work happened but you were not let back in, the longer right-of-first-refusal deadline applies.

Does the landlord have to find me somewhere to live during the work?

Provincial law deals with this through compensation, the option of another acceptable unit, and the right to return. In Hamilton, the by-law adds temporary accommodation or rent gap payments for tenants who plan to come back.

Does the N13 have to come with an engineer's report?

Not under provincial law yet: the report requirement in section 50(3)(b) is passed but not proclaimed in force. Hamilton's licence process does require a letter from a professional engineer or architect confirming the unit must be vacant.

Can I leave before the termination date?

Yes. After receiving an N13 you can end the tenancy earlier by giving at least 10 days' written notice (s. 50(4) and (5)), usually on Form N9. If you want to return later, give your written right-of-first-refusal notice before you go.

Will I have to pay the landlord's filing fee if the eviction is granted?

The LTB guideline says the Board usually does not order a tenant to pay the filing fee when it ends a tenancy on an N12 or N13, because these are no-fault grounds, although costs can still follow other claims in the same application.

Sources

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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.