How to Serve an N13 Notice for Demolition or Renovation

Before you start: confirm which ground applies

An N13 notice is generally used when a landlord intends to demolish the rental unit, convert it to non-residential use, or carry out repairs or renovations so extensive that the unit must be vacant to do the work safely and lawfully. Each of these three grounds has its own implications, and a landlord relying on the renovation ground specifically generally needs the work to require a building permit and to be extensive enough that vacant possession is genuinely necessary — routine maintenance or cosmetic updates generally will not support an N13. Before drafting the notice, it's worth confirming which of the three grounds actually applies, since the compensation and right-of-first-refusal rules discussed below can differ depending on the ground relied on. It's also worth being realistic about project timelines at this early stage: because an N13 carries a much longer minimum notice period than most other termination notices, serving it prematurely — before financing, permits, or contractor scheduling are reasonably settled — can create a mismatch between what the notice promises and what actually happens, which is exactly the kind of gap a tenant may later point to when challenging the notice's good faith.

Step 1: Confirm permits and the need for vacant possession

For a renovation or repair-based N13, the LTB generally expects the landlord to be able to show:

1. A building permit has been obtained, or is at least required and in progress, for the specific work planned.
2. The scope of work is extensive enough that it genuinely requires the unit to be vacant — for example, structural work, major electrical or plumbing replacement, or work affecting most of the unit at once.
3. The work could not reasonably be done with the tenant remaining in the unit, even with some disruption.

Minor or cosmetic renovations — new flooring in one room, repainting, or small fixture updates — generally do not meet this threshold on their own. Landlords planning a larger project should generally have the permit application well underway, if not already approved, before serving the notice. It's also worth documenting, in writing, why the specific work can't reasonably be done with the tenant living in the unit — for instance, where plumbing or electrical systems serving the whole unit need to be disconnected for an extended period, or where structural work makes parts of the unit unsafe to occupy — since this explanation is often exactly what gets tested if the notice is challenged at a hearing.

Step 2: Work out your compensation obligations

Depending on the size of the residential complex and the specific circumstances, a landlord serving an N13 may generally be required to offer the tenant compensation, another acceptable rental unit, or both. In many cases involving larger rental buildings, this generally takes the form of compensation equivalent to a set number of months' rent, or the offer of another unit the tenant finds acceptable. Because these requirements can vary with the number of units in the building and the specific ground relied on, confirming the current compensation rules that apply to your specific property before serving the notice is generally essential — getting this wrong can expose the notice, and any later eviction application, to challenge.

Separately, where the ground is renovation or repair (as opposed to demolition or conversion), the tenant generally has a right of first refusal to move back into the unit once the work is done, at a rent generally no higher than what they were paying before, subject to any lawful increases that would otherwise have applied. This right of first refusal generally needs to be addressed accurately on the notice itself, including a reasonable, good-faith estimate of when the work is expected to be complete so the tenant has some sense of the timeline involved, even though that estimate may need to be updated if the project's schedule changes.

Step 3: Complete and serve the N13 form

Using the current official N13 form from the LTB, complete each section:

1. The tenant's full legal name(s) and the complete rental unit address.
2. The specific ground relied on — demolition, conversion to non-residential use, or extensive renovation/repair.
3. Details about permits obtained or applied for, where the renovation ground applies.
4. The compensation being offered, or the alternative unit being offered, consistent with Step 2.
5. Whether the tenant has a right of first refusal to return to the unit, and on what terms.
6. The termination date, calculated under Step 4.

Serve the completed notice using one of the accepted methods under the Residential Tenancies Act — handing it to the tenant directly, leaving it with an adult in the unit, leaving it in the mailbox or mail slot, sliding it under the door, or mailing it — and keep a dated record of how and when service occurred.

Step 4: Confirm the 120-day timing is correct

An N13 generally requires at least 120 days' notice before the termination date. Because this is a much longer window than most other termination notices, it's worth double-checking:

1. The termination date is at least 120 days after the date the notice is deemed given, accounting for mailing or other service delays.
2. The planned start of construction or demolition is realistically consistent with that timeline — serving a notice well before permits or financing are secured can create problems if the project timeline later shifts.

What happens after you serve the notice

If the tenant moves out by the termination date, the tenancy generally ends, though the right of first refusal (where it applies) continues to be relevant once the work is finished. If the tenant remains past the termination date, the landlord generally needs to file an L2 application with the LTB and attend a hearing, at which the landlord bears the burden of showing the permit, scope of work, and compensation requirements were properly met. Our overview of evictions in Ontario and the LTB hearing guide both cover the general process that follows once an application is filed.

Common mistakes that cause delay or rejection

N13 notices generally face close scrutiny, and common problems include:

1. Serving the notice before a required building permit has actually been obtained or meaningfully progressed.
2. Underestimating the scope of work needed to justify requiring the unit to be vacant.
3. Miscalculating or omitting the compensation the landlord is required to offer.
4. Failing to properly address the tenant's right of first refusal where a renovation (rather than demolition) is involved.
5. Setting a termination date less than 120 days after service.
6. Treating a cosmetic update as if it meets the extensive-renovation threshold.

Because an N13 generally involves permit documentation, compensation calculations, and sometimes right-of-first-refusal obligations all at once, landlords planning a significant renovation or demolition project should strongly consider having a paralegal or lawyer review the notice and supporting documentation before it's served.

Frequently Asked Questions

Related reading

Reviewed by Ryan J. Manilla, BA, JD

Legal Reviewer · Landlord Tenant Ontario