Can my landlord terminate my tenancy in order to renovate my unit. If so, what are my rights?
The Residential Tenancies Act, 2006 (the “RTA”) permits your landlord to give you a notice of termination to end your tenancy in order to renovate your unit, but only if the renovations are so extensive they require a building permit and vacant possession of your unit.
The standard form for this type of eviction notice is called “N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use.” You can view a blank version of this form online here.
This type of eviction is often called a “renoviction,” a term you may have heard before, particularly as we have seen a rise in the use of N13s over the past few years.
Under the RTA, your landlord must give you at least 120 days’ notice for this type of termination, and that the termination date be on the last day of your rental period, or if your tenancy is for a fixed term, the end of the term. For example, if your tenancy is month-to-month and you pay rent on the first day of the month, the termination date must be on the last day of the month. If your tenancy is fixed for one-year, the termination date must be on the final day of that year.
The RTA also requires that your landlord’s notice inform you of your right of first refusal. This is the right to choose whether to move back into your unit once the renovations are complete. If you exercise this right, the RTA requires your rent to be the same amount as when you left your unit, as if there had been no break in your tenancy. In order to exercise this right, you must give your landlord notice in writing of your intention to do so, prior to leaving your unit. Moreover, you must advise your landlord in writing of your interim address, as well as any changes to your address.
In addition to the right of first refusal, the RTA also permits you to terminate your tenancy on 10 days’ written notice to your landlord, so long as the termination date in your notice is earlier than the termination date in your landlord’s notice.
As long as your landlord was not ordered by law to renovate your unit, the RTA requires your landlord to compensate you in an amount equal to either one or three months’ rent, depending on the number of units in the residential complex, or offer you another unit that is acceptable to you.
If you receive an N13 Notice of Termination from your landlord and you have reason to believe your landlord does not actually intend to renovate your unit, you do not have to move out by the termination date in the Notice. Instead, you can object to the merits of your landlord’s Notice at a hearing before the Landlord and Tenant Board (the “LTB”).
If you move out or are ordered to leave by the LTB based on your landlord’s N13, and you later discover your landlord did not renovate your unit, you can file what is called a “T5: Tenant Application – Landlord Gave a Notice of Termination in Bad Faith” against your landlord and also seek monetary damages from them. This is also true if your landlord does not honour your right of first refusal after completing the renovations. You can find a blank version of the T5 form online here.
Please contact our office as soon as possible if you receive any communication of any kind from your landlord about wanting to terminate your tenancy in order to renovate your unit. Call our Intake Line at 416-441-1764 ext. 1.
The Steps to Justice website also has helpful information: