How to Fight a Renoviction in Ontario: Tenant Guide

Facing a renoviction notice can be stressful, but Ontario tenants have strong legal protections. If you receive a notice to vacate due to renovations, it's crucial to understand your rights and the correct steps to challenge or respond. This guide explains renoviction rules, official forms, and support options, helping Ontario tenants handle renoviction situations confidently.

What Is a Renoviction?

A renoviction is when a landlord asks a tenant to move out—usually with an N13 notice—claiming they need to do major repairs or renovations that require the unit to be empty. In Ontario, renovictions are only allowed in specific circumstances outlined in the Residential Tenancies Act, 2006^[1]. Not all repairs qualify, and your landlord must follow strict legal procedures.

Your Rights as a Tenant in Ontario

Tenants in Ontario are protected by the Residential Tenancies Act, 2006. Before you leave your home for renovations:

• Your landlord must serve you an official N13 notice (Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use).
• The notice must provide at least 120 days' warning before your termination date, and must end at the end of a rental period.
• You do not have to leave just because you received the notice; you can fight it at the Landlord and Tenant Board (LTB).
• Generally, you have the right to move back after major repairs (first right of refusal) at the same rent.

For a detailed overview of your rights and legal framework, visit Tenant Rights in Ontario.

Receiving and Understanding the N13 Notice

Your landlord cannot evict you for minor updates or cosmetic work. The N13 is only for:

• Demolishing the building or unit
• Converting the unit to non-residential use
• Extensive repairs or renovations that require the unit to be vacant (such as structural changes, asbestos removal, or major plumbing or electrical work)

What Should Be in the N13 Notice?

• The reason for eviction (e.g., repairs, demolition, conversion)
• The termination date (at least 120 days in advance)
• Your options—move out, challenge the notice at the LTB, or potentially return after repairs

Here’s where you can find the official N13 Notice to End your Tenancy: LTB Forms Library (select "N13").

If you believe the reason is not legitimate or the landlord is not following the law, you can fight the renoviction process.

Steps to Fight a Renoviction in Ontario

If you wish to challenge the renoviction, act quickly and follow these steps:

1. Review the N13 Notice

• Check if the notice is correctly completed and gives proper notice period.
• Consider whether the work truly requires the unit to be vacant.

2. Gather Evidence

• Take photos of your unit, especially if it’s in good repair.
• Document communications with your landlord about the renovations or their intentions.
• Research building permits—major work usually requires city permits.
• Keep all copies of notices and any correspondence.

3. File a Response at the Landlord and Tenant Board (LTB)

• If you disagree with the N13, you do not have to move out. Wait for the landlord to apply to the Landlord and Tenant Board, or you can apply yourself if needed.
• The LTB is Ontario’s official tribunal for residential tenancy disputes. Learn more and access services at the Landlord and Tenant Board (LTB).
• The landlord cannot evict you without an official LTB order after a hearing.
• To present your case at the hearing, complete and file the T5: Tenant Application - Landlord Gave a Notice of Termination in Bad Faith. If you believe the landlord's intent is not genuine (for example, renovations are not actually planned, or you suspect an excuse to raise rent or change tenants), this is the primary form to use.
• Download the official T5 Form on the LTB website. The form explains when and how to file.

4. Returning to Your Apartment After Renovations

If the N13 is for major repairs or renovations, you have the right to move back into your unit once the work is done, and must be offered your unit at the same rent. If your landlord doesn’t offer you the chance to move back, you can file a T5 application for compensation or to be reinstated.

Other Tenant Rights and Responsibilities

While dealing with an eviction process, remember to continue meeting your obligations, such as paying rent on time and maintaining the rental property. Read more about these in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Moving Out? Protect Your Interests

If you do choose to move out, keep documentation of your unit’s condition and follow advice in the Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit for a stress-free transition.

If you need to start looking for a new home, you can Find rental homes across Canada on Houseme quickly and easily, including options across Ontario and beyond.

1. What is a renoviction and is it legal in Ontario?
   A renoviction is when a landlord tries to evict a tenant for the stated purpose of conducting major renovations. Renovictions are only allowed when the work truly requires your unit to be vacant. The landlord must serve you an N13 notice and may only evict if the Landlord and Tenant Board approves it.
2. How do I challenge a renoviction notice?
   You can dispute the N13 notice at the Landlord and Tenant Board. Collect evidence, file the appropriate response (such as the T5 form if you believe the notice is in bad faith), and present your case at a hearing.
3. Can I move back after renovations are done?
   Yes. In most cases, you have the right to return to your apartment after major repairs or renovations, at the same rent you were paying before.
4. What compensation am I entitled to if evicted for renovations?
   If evicted for repairs or demolition, you may be entitled to compensation (such as 3 months’ rent or alternate accommodation) under the Residential Tenancies Act. The N13 notice should include these details.
5. Do I need to leave on the date in the N13 notice?
   No. You do not have to move out unless the LTB issues an eviction order after a hearing. Stand your ground and attend the hearing if you wish to dispute the eviction.

Conclusion: Key Takeaways for Ontario Tenants

• Renovictions are only permitted for significant repairs that truly require your unit to be vacant.
• Your landlord must serve an official N13 notice, and you have a right to a hearing before the Landlord and Tenant Board.
• You’re entitled to compensation and the right to return to your unit after renovations.

Stay informed, keep good records, and don’t be afraid to challenge an eviction notice if you believe it’s not legitimate.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – Official Tribunal: Information, forms, and instructions for Ontario tenants
• Residential Tenancies Act, 2006 – Official Legislation
• Tenant Advocacy Services: Local community legal clinics across Ontario can provide free advice on renovictions
• City Building Department: Check with your municipality to verify if proper building permits have been issued for the proposed renovations
• Review your full Tenant Rights in Ontario

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1. See Ontario Residential Tenancies Act, 2006
2. Landlord and Tenant Board (LTB): https://tribunalsontario.ca/ltb/
3. LTB Forms Library: N13 and T5 forms

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