Tenant Rights When a Building Is Under Renovation or Construction
What protections generally apply while a building undergoes work.
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On this page
- Two very different scenarios: staying put versus the N13
- Renovation while you remain a tenant
- Your right to reasonable enjoyment during the work
- Entry rules still apply during renovations
- The N13: renovations that require vacant possession
- The right of first refusal to move back in
- Compensation tied to an N13
- What to do if construction is affecting your unit
Two very different scenarios: staying put versus the N13
"Renovation" covers two quite different situations for a tenant, and it's worth being clear about which one applies before thinking through rights and options. The first is a building undergoing work — repairs, upgrades, common-area renovations, or even unit-specific work — while tenants generally remain in place throughout. The second is a landlord seeking vacant possession of a specific unit to carry out renovations, demolition, or conversion that genuinely requires the unit to be empty, which in Ontario is generally pursued through an N13 notice. The protections and practical options available to a tenant differ significantly between these two scenarios, so identifying which one you're actually in is the first step.
Key point
Ongoing construction in a building does not, on its own, give a landlord the right to end anyone's tenancy. Ending a tenancy for renovation purposes generally requires a specific notice (the N13) and a genuine need for the unit to be vacant — ordinary, in-place renovation work doesn't require this.
Renovation while you remain a tenant
Much construction and renovation work in rental buildings happens without any tenant needing to move out — a roof replacement, lobby renovation, elevator upgrade, window replacement, or even some in-unit work like re-flooring a bathroom can often be completed while a tenant continues living there, sometimes with temporary access arrangements or short relocations to alternate accommodation. In this scenario, the underlying tenancy continues as normal, the tenant keeps paying rent (subject to any relevant abatement discussed below), and all the usual protections of the RTA remain fully in effect throughout.
Your right to reasonable enjoyment during the work
Even where renovation doesn't require ending a tenancy, a landlord undertaking construction still generally needs to respect a tenant's right to reasonable enjoyment of the premises. Construction inevitably involves some disruption — noise, dust, temporary loss of amenities — and a certain amount of this is generally considered an ordinary incident of living in a building that's being maintained or improved. But where disruption becomes severe, prolonged, or goes well beyond what's reasonably necessary to complete the work (extended loss of water or heat, unsafe conditions, excessive noise at inappropriate hours over a long period), a tenant may have grounds to seek a remedy, including a rent abatement for the period of serious disruption, through a T2 application to the LTB.
The key question an adjudicator generally asks in these situations is whether the disruption was reasonable given the nature and necessity of the work, and whether the landlord took reasonable steps to minimize the impact on tenants, such as scheduling noisy work during reasonable hours or providing advance notice of disruptions.
Common misconception
Some tenants assume that because renovation work is "necessary," they have no recourse at all for disruption. This generally isn't accurate — necessity of the work and reasonableness of its execution and impact are two separate questions, and even necessary work carried out unreasonably can support a claim for compensation.
Entry rules still apply during renovations
Construction and renovation work doesn't suspend the RTA's rules about landlord entry into a unit. A landlord (or their contractors) generally still needs to provide proper written notice before entering a unit to carry out repairs or renovation work, except in an emergency, and entry generally still needs to occur at a reasonable time. A pattern of entries without proper notice, even when framed as necessary for construction, can itself be a basis for a tenant complaint, separate from any issue with the renovation work itself.
The N13: renovations that require vacant possession
Where a landlord genuinely needs a unit to be vacant to carry out renovation, repair, or demolition work — because the scope of work makes it unsafe or impractical for the unit to be occupied — the RTA provides the N13 notice as the mechanism for ending the tenancy for this purpose. An N13 generally requires the landlord to have a genuine intention and, in many cases, necessary permits in hand or in process, and the same bad-faith principles that apply to an N12 apply here too: a stated renovation purpose that isn't genuine can expose a landlord to a T5 application from a former tenant after the fact.
The right of first refusal to move back in
One of the more significant protections tied to an N13 is a tenant's right of first refusal to move back into the unit once the renovation work is complete, generally at a rent consistent with what the tenant would have been paying had they stayed (subject to any lawful increases that would otherwise have applied), rather than at a new, higher market rent. For this right to apply, a tenant generally needs to have properly notified the landlord, within the time and manner set out in the notice, that they want to exercise it. This is a protection many tenants are unaware of, and missing the window to assert it can mean losing out on returning to a unit they might otherwise have been entitled to come back to.
Compensation tied to an N13
Similar to the N12, a landlord using an N13 generally has compensation obligations toward the displaced tenant — depending on the size of the building and specific circumstances, this can include a payment equivalent to a set amount of rent, or in larger buildings, potentially more extensive requirements. The specific compensation obligations can vary, so a tenant receiving an N13 should confirm exactly what they're entitled to rather than assuming a single flat rule applies universally.
What to do if construction is affecting your unit
If ongoing construction or renovation is significantly affecting your unit without any notice to end your tenancy, start by documenting the disruption — dates, duration, specific impacts (noise logs, loss of services, safety concerns) — much as you would for any other maintenance issue. Raise the concern with the landlord in writing and give them a reasonable opportunity to respond or adjust their approach. If the disruption continues and is serious, a T2 application to the LTB is generally the route for seeking a remedy. If instead you've received an N13, read it carefully, confirm the compensation you're entitled to, consider whether you want to exercise your right of first refusal, and get advice early given how specific and time-sensitive some of these rights can be.
It also helps to think about the renovation timeline realistically. Large-scale projects, such as replacing a building's plumbing stacks or re-cladding an exterior, can take months and may affect different units at different times. Asking the landlord for a general schedule, even an approximate one, can help a tenant plan around the most disruptive phases and know when to expect things like water shut-offs or elevator outages, rather than being caught by surprise repeatedly. A landlord who refuses to provide any information at all about timing, while work drags on indefinitely, is itself a pattern worth documenting.
Tenants in a building undergoing extensive work sometimes find it useful to compare notes with neighbours, since a shared experience of disruption can help establish that an issue is building-wide rather than specific to one unit, which can be relevant both to how a landlord responds informally and to how a dispute is eventually presented at the LTB if it comes to that. At the same time, each tenant's legal claim is still assessed on its own facts, so this comparison is useful context rather than a substitute for a tenant's own documentation.
This article provides general information about Ontario landlord and tenant law.
It is not legal advice. For advice about a specific situation, consult a licensed
paralegal or lawyer, or contact the Landlord and Tenant Board.
Frequently Asked Questions
Not simply because renovation is happening somewhere in the building. Ending a specific tenancy for renovation purposes generally requires an N13 notice and a genuine need for that unit to be vacant.
Possibly, if the disruption is severe or prolonged and goes beyond what's reasonably necessary for the work. A T2 application can seek a remedy, including a possible rent abatement.
Generally, yes. Entry rules under the RTA still apply during renovation work, except in a genuine emergency.
Generally, the right to move back into your unit once renovation work tied to an N13 is complete, at a rent consistent with what you would have been paying, provided you properly notify the landlord within the required timeframe.
Generally, a rent consistent with what you would have been paying had you stayed, subject to any lawful increases that would otherwise have applied — not a new market rent.
This can vary depending on the building and specific circumstances. It's worth confirming the exact compensation requirement rather than assuming a single flat rule applies.
Yes, at the hearing on the landlord's application, and after the fact through a T5 application if you've already moved out and later doubt the renovation was genuine.
In many cases, necessary permits in hand or in process are relevant to showing the landlord's intention is genuine, though specifics depend on the scope of work involved.
Generally, yes. Dated records of noise, loss of services, or safety concerns support a T2 application if the disruption is serious and prolonged.
No. Some disruption is generally considered an ordinary incident of necessary building work. Compensation becomes more likely where disruption is severe, prolonged, or handled unreasonably.
Related reading
Reviewed by Ryan J. Manilla, BA, JD
Legal Reviewer · Landlord Tenant Ontario