How to Respond to an N13 Renovation Eviction

Before you start: know what an N13 can and can't do

An N13 is a Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use, and it's generally used when a landlord genuinely needs the unit to be empty — vacant possession — to carry out the work. It does not, by itself, end your tenancy, and in most cases the landlord still needs to apply to the Landlord and Tenant Board (LTB) and get an order before you'd be required to move out.

What makes an N13 different from many other notices is that, depending on the specific ground, you may have a right to move back into the unit once the work is finished, generally at the same rent you were paying before (subject to any increases that would otherwise have applied). Understanding whether that right applies to your situation, and taking steps to protect it, is one of the most important things to get right early.

Step 1: Identify which N13 ground is being used

Read the notice carefully to understand exactly which basis is being relied on:

1. Demolition of the building or unit.
2. Conversion of the unit to a non-residential use.
3. Repairs or renovations so extensive that a building permit is required and vacant possession is necessary to do the work safely.

The right to return generally applies differently depending on which of these applies, with the repair/renovation ground generally carrying a right to return that demolition or conversion grounds may not. Our guide on what vacant possession really requires goes into more depth on how the LTB evaluates whether this ground is genuinely made out.

Step 2: Check the notice period and termination date

Confirm the notice gives you the minimum notice period required — generally at least 120 days for an N13 — and that the termination date is clearly stated. Since major renovation projects often shift in timing, it's also worth keeping an eye on whether the landlord's actual plans still match what the notice described, since a significant change in scope or timing could be relevant if the matter proceeds to a hearing.

Because 120 days is a relatively long window compared to most other notices, it's worth using that time deliberately rather than treating it as a distant deadline. Start researching your options early, including whether you'd prefer to assert a right to return or look for a new place instead, since this decision can affect what you communicate to the landlord and when, and rushing it near the end of the notice period generally leaves less room to protect your interests.

Step 3: Check for permits and your right to return

Where the ground is based on repairs or renovations requiring a permit, a few checks are worth doing:

1. Ask the landlord, in writing, whether a building permit has been obtained, and if so, request a copy or the permit number.
2. Confirm in writing that you intend to exercise your right to return to the unit once the work is complete, if that right applies to your situation, since there are generally steps and timelines involved in asserting it.
3. Ask the landlord to confirm, in writing, the process for being notified when the unit is ready for your return.
4. Keep a copy of your current lease and rent amount, since this is generally what determines the rent you'd be entitled to pay upon returning.

Step 4: Decide how you want to respond

Depending on what you've confirmed, your realistic options generally include:

1. Request compensation, since N13 notices generally carry compensation obligations for the landlord, and confirming what you're entitled to before you move is worthwhile.
2. Formally assert your right to return in writing, if the ground relied on carries that right, so there's a clear record of your intention.
3. Dispute whether the ground is genuinely made out at an LTB hearing if you believe the stated renovation plans don't actually require vacant possession, or that permits haven't been obtained.
4. Seek advice from a paralegal, lawyer, or tenant legal clinic, particularly given how significant losing your right to return could be if it isn't properly protected.

What happens after the notice period ends

If the notice period passes and you haven't moved out, the landlord's next step is generally to file an L2 application with the LTB. This doesn't require you to move out immediately — in most cases a hearing will be scheduled where the landlord needs to establish that the renovation or repair genuinely requires vacant possession, that necessary permits are in place, and that compensation obligations are being met. You'll generally be served with the application and hearing notice, giving you further time to confirm your position and gather evidence.

If you've already decided not to dispute the ground itself but simply want to make sure compensation and your right to return are properly documented, this period is a good time to put that in writing to the landlord even before any hearing happens, so there's a clear record you can point back to later if questions come up.

If you plan to return after the renovation

If you intend to come back once work is finished:

1. Give the landlord your current and, once you know it, your temporary address in writing, so they can contact you when the unit is ready.
2. Keep copies of all written communication about the move-out, the renovation timeline, and your stated intention to return.
3. Follow up periodically, especially if the renovation seems to be taking considerably longer than originally described.
4. If you're told the rent will be higher than you expected upon return, check this against the rent you were paying before the move, since the RTA generally has rules about what can be charged to a returning tenant.

Common mistakes that cost tenants their right to return

Failing to formally notify the landlord, in writing, of an intention to return is one of the most common and costly mistakes tenants make with an N13, since the right to return generally isn't automatic — it generally needs to be asserted within applicable timelines. Tenants also sometimes lose touch with the landlord after moving, without leaving reliable contact information, which can make it difficult for the landlord to reach them once the unit is ready, even where no bad faith is involved. Another frequent issue is not checking whether a permit has actually been obtained before accepting that the renovation ground is valid, since the LTB generally expects this to be demonstrated. Finally, not confirming compensation entitlements before moving — and assuming nothing is owed — can mean missing out on amounts the RTA generally requires in these situations.

Frequently Asked Questions

Related reading

Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario