What is a Renoviction?

A renoviction is when a landlord evicts a tenant by claiming they will complete major renovations (or demolish the unit or convert it to commercial use).

Landlords sometimes initiate a renoviction by giving tenants a notice to end their tenancy in the form of an N13 notice. Often landlords will simply tell tenants they need to move out because of renovations.

If you get an N13 notice, you do not need to leave. If your landlord tells you they need to renovate your unit, you do not need to move. Tenants do not need to move unless given an eviction order by the Landlord and Tenant Board (LTB).

You can find out more about renovictions and your rights below, but the most important things to know are:

1. You don't have to move out unless you receive an eviction order from the LTB after a hearing, and the LTB process can take time. A notice from your landlord is not an eviction order.

2. Talk to your neighbours and start organizing as soon as your landlord approaches you about moving out.

3. Don’t sign anything (especially an N11 notice) until you’ve contacted your local community legal clinic or spoken to a lawyer or paralegal.

4. Although tenants have a right to return without any rent increase following renovations, landlords often violate this right and rent the unit to someone new at a much higher rent.

Are Renovictions Even Legal?

Technically, renovictions are legal. As long as the the Landlord completes the renovations and follows all other aspects of the relevant law, it is perfectly acceptable. However the issue starts when your landlord gives you an N12 or N13, and they do not follow through with what their forms and declarations say they will do. 

How do Renovictions Work?

Under Ontario’s Residential Tenancies Act, a landlord must serve an N13 eviction notice if they want a tenant to vacate for one of the foregoing reasons, and the notice will establish a termination date (more on this below). However, some landlords may just informally email, write, or tell their tenant that they have to leave by a certain date - though this would likely constitute a ‘defective’ notice, which the tenant can probably ignore. 

The landlord must then file an L2 application and wait for a hearing. At the hearing, they can ask for issuance of an eviction order. If granted, the order will establish an eviction date. If the tenant refuses to leave by that date, the landlord can ask the sheriff to remove the tenant from the property. 

When is a Renoviction Considered 'Illegal'?

A renoviction is considered illegal when:

• The Landlord Does Not Proceed with any Renovations

• Tenant Did Not Actually Need To Evict the Tenant to Renovate

• Landlord Does Not Allow Tenant to Reoccupy Unit After Renovations

What to do When You Receive an N13?

When you receive an N13, it is very important to note that you do not have to leave yet. If you disagree with the notice, you have the right to fight it at a hearing. After receiving an N13, your Landlord/their representative will still need to file an application with the Landlord and Tenant Board to get an official eviction order to get you out. 

You should seek professional legal advice to advise you on your situation as soon as possible.