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N13 Notice Ontario: Your Rights When a Landlord Wants to Demolish, Convert, or Renovate

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Of every notice a tenant can receive in Ontario, the N13 tends to cause the most anxiety — and for good reason. It’s the notice landlords use when they intend to demolish a building, convert it to a different use, or carry out repairs so extensive that the unit can’t safely stay occupied. Commonly called a “renoviction,” it’s also one of the most scrutinized notices at the Landlord and Tenant Board, precisely because it’s been misused often enough that regulators have tightened the rules around it.

Here’s what the N13 actually requires, what compensation tenants are owed, and the details that separate a legitimate renovation eviction from a bad-faith one.

What Is an N13 Notice?

The N13, formally “Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use,” covers three distinct scenarios:

  • Demolition — the building is being torn down entirely.
  • Conversion — the residential unit is being converted to a non-residential use, such as commercial space.
  • Repair or renovation — the work is so extensive it requires a building permit and can’t reasonably be done with the tenant still living there.

Ordinary maintenance — replacing a fridge, repainting, fixing a leak — doesn’t qualify. The threshold is specifically extensive work requiring vacant possession and, in most cases, a building permit.

The 120-Day Notice Period

An N13 carries the longest notice period of any LTB termination notice — at least 120 days, with the termination date falling on the last day of a rental period or the end of a fixed lease term. If a landlord wants a tenant out by August 31st, for example, the notice needs to be served no later than early May, accounting for the full 120 days plus delivery time.

Compensation: What Tenants Are Owed

This is where many disputes concentrate. The compensation owed depends on which of the three grounds applies and the size of the building:

  • Demolition or conversion: Tenants are generally entitled to compensation equal to three months’ rent, or an offer of another acceptable rental unit — the specifics can vary by municipality and building size, so this is worth confirming case by case.
  • Repair or renovation: Compensation requirements differ, and tenants in buildings with a right of first refusal may be entitled to move back in once the work is done, at the same rent (adjusted only by the guideline for the period they were away).

Because compensation rules shift depending on the specific ground and municipal by-laws layered on top of the provincial requirements, getting the calculation confirmed by someone familiar with the current framework matters — both for landlords issuing the notice and tenants checking they’re being offered what they’re owed.

The Right of First Refusal

For repair and renovation cases specifically, tenants generally have a right of first refusal — the right to move back into the unit once the work is complete, at a rent no higher than what they were paying before (adjusted for the applicable guideline increases during the vacancy). A landlord relying on the repair/renovation ground is expected to notify the tenant of this right as part of the process.

This right doesn’t automatically survive every path out of a tenancy — signing an N11 mutual agreement instead of responding to a properly issued N13, for instance, can mean giving up the right of first refusal. That’s one more reason to understand exactly what’s being asked before signing anything a landlord presents as an alternative.

What Happens If the Tenant Doesn’t Move Out

  1. The 120-day notice period runs its course. The tenant isn’t required to leave the moment the notice arrives.
  2. The landlord files Form L2. If the tenant remains past the termination date, the landlord applies to the LTB for an eviction order, including the N13 and proof of service.
  3. The LTB reviews the legitimacy of the ground. Adjudicators scrutinize N13 applications closely — permits, contractor documentation, and project scope are typically expected as evidence that the plan is real and imminent, not a pretext.
  4. A hearing determines the outcome. If the Board isn’t satisfied the landlord’s plans are genuine, the application can be dismissed entirely.

Spotting a Bad-Faith Renoviction

Because N13 notices carry real weight and long timelines, they’ve occasionally been used as a workaround to remove long-term tenants paying below-market rent, rather than for a genuine renovation. Warning signs worth taking seriously:

  • No permits, contractor agreements, or concrete project timeline behind the stated plan
  • The unit gets re-listed for rent shortly after the tenant leaves, at a substantially higher rate, with no visible renovation having occurred
  • The scope of work described doesn’t plausibly require the unit to sit vacant (versus work that could reasonably be done with the tenant still living there)
  • The landlord discourages or omits any mention of the right of first refusal

If any of this sounds familiar, it’s worth having the notice reviewed rather than assuming it has to be accepted at face value. Our eviction paralegal team represents tenants challenging N13 notices that don’t hold up to scrutiny, and represents landlords with genuine projects in building the evidentiary record the LTB expects to see.

What Landlords Need in Place Before Serving an N13

  • Permits or approvals that support the stated project — demolition permits, building permits for renovation, or conversion approvals as applicable
  • A contractor agreement or project schedule that lines up with the timeline in the notice
  • A clear compensation plan calculated correctly for the applicable ground and building size
  • A right-of-first-refusal process mapped out in advance for repair/renovation cases
  • Advertising and re-rental plans that stay consistent with the stated purpose — inconsistency here is one of the fastest ways to draw a bad-faith allegation

Our Landlord & Tenant Board services team helps landlords assemble this file properly from the outset, since an N13 application is scrutinized more closely than almost any other notice type at the Board.

Frequently Asked Questions

How much notice does an N13 require?

At least 120 days, with the termination date falling on the last day of a rental period or lease term — the longest notice period of any LTB termination notice.

Do tenants get to move back in after renovations?

For repair and renovation cases, tenants generally have a right of first refusal to return at their previous rent, adjusted for applicable guideline increases during the time away. This right generally doesn’t apply the same way to demolition or conversion.

Can a landlord evict immediately after serving an N13?

No. The tenant is entitled to the full 120-day notice period, and if they remain afterward, the landlord must apply to the LTB and go through a hearing before any eviction order is issued.

What if I think my landlord doesn’t actually plan to renovate?

Tenants can challenge the notice at the LTB. Adjudicators expect landlords to show genuine supporting evidence — permits, contracts, and a real timeline — and can dismiss an application that doesn’t hold up.

Is ordinary maintenance grounds for an N13?

No. The work has to be extensive enough to require a building permit and vacant possession — routine repairs and upgrades don’t meet that threshold.

Facing an N13, or Planning One? Get It Right

Few notices carry as much riding on getting the details correct as the N13 — for tenants, it can mean a long-term home changing hands under questionable circumstances; for landlords, a single procedural misstep can delay a real project by months. Whichever side of the notice you’re on, understanding exactly what the law requires before acting is the difference between a smooth process and a drawn-out dispute.

Ahmed Legal Services Professional Corporation represents landlords and tenants in N13 matters, right-of-first-refusal disputes, and LTB hearings across Richmond Hill, Markham, Toronto, Mississauga, Brampton, Vaughan, and the wider GTA. Contact our office today to schedule a consultation.