Eviction for Renovation Ontario — N13 Landlord Guide (2026)
"Renovictions" have been one of the most contentious topics in Ontario housing. While the Residential Tenancies Act (RTA) does allow landlords to evict tenants for genuine renovations, the requirements are strict and penalties for abuse are severe. With Toronto's renoviction bylaw now in effect since July 2025 and Bill 60 reshaping LTB procedures, landlords planning major renovations must understand every requirement before serving an N13 notice.
Quick Answers
- What notice form do I use? The N13 Notice to End Your Tenancy Because the Landlord Wants to Demolish, Renovate, or Convert the Unit.
- How much notice is required? A minimum of 120 days — the longest notice period under the RTA.
- What compensation is owed? 3 months' rent or a suitable alternative unit during the renovation. Compensation must be paid before the termination date.
- Does the tenant get to come back? Yes — for renovations, the tenant has a right of first refusal to return at the same rent.
- What are the bad faith penalties? Up to $50,000 for individuals and $250,000 for corporations.
When Can You Evict for Renovation in Ontario?
Under section 50 of the RTA, a landlord can serve an N13 notice when they intend to:
- Demolish the rental unit or building
- Renovate or repair the unit in a way that requires vacant possession — the tenant must be out for the work to proceed
- Convert the property to a non-residential use
The critical requirement is that the renovation must be so extensive that vacant possession is required. Cosmetic updates, painting, replacing appliances, or installing new flooring do not qualify. The LTB looks for renovations that require building permits and make the unit uninhabitable during the work — such as replacing the entire plumbing system, removing load-bearing walls, replacing the electrical panel, or completely gutting the unit.
N13 Notice Requirements: Step by Step
Step 1: Obtain Building Permits
Before you can even serve the N13, you should have your building permits in progress. Before you file the L2 Application with the LTB, you must have obtained all necessary building permits from the municipality. The LTB will require proof of the permits at the hearing. Applications without permits will be dismissed.
Step 2: Serve the N13 Notice
The N13 requires a minimum of 120 days' notice. The termination date must fall on the last day of a rental period. This is the longest notice period of any eviction ground in the RTA.
Step 3: Pay Compensation
You must compensate the tenant before the termination date. The compensation depends on the type of N13:
| N13 Reason | Compensation Required | Right of First Refusal | Notice Period |
|---|---|---|---|
| Renovation (vacant possession needed) | 3 months' rent OR suitable alternative unit during renovation | Yes — return at same rent | 120 days |
| Demolition | 3 months' rent | No | 120 days |
| Conversion to non-residential use | 3 months' rent | No | 120 days |
Step 4: File the L2 Application
After the termination date passes and the tenant has not vacated, file the L2 with the LTB. The filing fee is $208. Include copies of building permits, architectural plans, contractor proposals, timelines, and proof of compensation payment.
What Is the Right of First Refusal?
When evicting for renovation (not demolition or conversion), the tenant has the right of first refusal to move back into the unit after the renovation is complete. The landlord must offer the unit back at the same rent the tenant was previously paying — not market rent. The tenant can accept or decline this offer.
If the landlord fails to offer the unit back, re-rents it at a higher rent without offering it to the former tenant, or never actually completes the renovation, the tenant can file a T5 Application with the LTB for bad faith eviction.
What Do You Need to Prove at the LTB Hearing?
At the L2 hearing, you must demonstrate:
- The renovation genuinely requires vacant possession of the unit
- You have obtained all necessary building permits
- The renovation is planned in good faith — not as a pretext to raise rent or remove a tenant
- You have offered or paid proper compensation
- You have a realistic timeline and contractor arrangements
Bring the following evidence:
- Copies of building permits from the municipality
- Architectural plans or engineering drawings
- Signed contractor proposals with scope of work and timelines
- Proof of compensation payment (bank records, cancelled cheque)
- Affidavit of intent to renovate in good faith
Toronto Renoviction Bylaw (July 2025)
The City of Toronto has introduced additional protections for tenants facing renovation evictions. Since July 2025, Toronto's Rental Housing Demolition and Conversion bylaw requires:
- Council approval before rental units in buildings with 6 or more units can be demolished or converted
- Tenant relocation plans approved by the city
- Replacement housing requirements in some circumstances
- Enhanced reporting — landlords must file reports on the status of renovations
If your property is in Toronto, you must comply with both the RTA requirements and the municipal bylaw. Failure to obtain municipal approvals can result in your LTB application being dismissed and additional municipal penalties.
Bad Faith Renoviction Penalties
Ontario has cracked down on landlords who use renovation evictions as a tactic to remove tenants and re-rent at higher prices. If the LTB or the Rental Housing Enforcement Unit (RHEU) determines the eviction was in bad faith, penalties include:
- Fines of up to $50,000 for individuals and $250,000 for corporations
- Orders to compensate the tenant for moving costs, rent differential at the new unit, and general damages
- Potential reinstatement of the tenant's tenancy at the original rent
- Administrative monetary penalties from the RHEU
The LTB and the RHEU actively investigate bad faith renovictions. Bill 60 has strengthened enforcement mechanisms and reduced the appeal window to 15 days, meaning landlords found to have acted in bad faith face faster consequences.
Common Mistakes to Avoid
- Filing without permits: The LTB will dismiss your application if you do not have building permits at the time of the hearing.
- Insufficient scope of renovation: The renovation must genuinely require vacant possession. Replacing a kitchen countertop or repainting does not qualify. The LTB scrutinizes whether the tenant could remain during the work.
- Not paying compensation on time: Compensation must be paid before the termination date. Late payment can invalidate the notice.
- Ignoring the right of first refusal: After renovation, you must offer the unit back to the tenant at the pre-renovation rent. Skipping this step triggers bad faith consequences.
- Ignoring municipal bylaws: Toronto, Ottawa, and other municipalities may have additional requirements beyond the RTA. Always check local rules.
- Using renovation as a pretext: If the real goal is to raise rent or get rid of a specific tenant, the LTB will see through it. Adjudicators are experienced at identifying pretextual renovictions.
How Has Bill 60 Changed Renovation Evictions?
Bill 60 has indirectly affected renovation evictions through broader LTB reforms:
- Reduced appeal period: Appeals must now be filed within 15 days (previously 30), meaning renovation eviction orders become enforceable faster.
- Stronger enforcement: The RHEU has been given additional tools to investigate bad faith evictions, including renovictions.
- Faster LTB processing: With 133 adjudicators now appointed and streamlined procedures, L2 applications for renovation evictions should see somewhat shorter wait times, though the backlog of 53,000+ cases still means significant delays.
Frequently Asked Questions
Sources
- Residential Tenancies Act, 2006 (Ontario) — Section 50
- Landlord and Tenant Board — N13 Form and L2 Application
- City of Toronto — Rental Housing Standards
- Bill 60 — Protecting Tenants and Strengthening Community Housing Act, 2024
Related Articles
- How to File an L2 Application Ontario
- N12 Notice for Personal Use Ontario
- Can a Landlord Evict Without Cause in Ontario?
- Cost of Filing With the Landlord Tenant Board
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