Can an Ontario Landlord Ask a Tenant to Move Out for Renovations? The short answer is yes! However, a landlord cannot simply say, “I’m renovating,” and require the tenant to leave.
I’m Fisher, an Oakville real estate realtor & broker. Here is what Ontario landlords and tenants should understand about renovation-related evictions and the new rules taking effect on September 21, 2026.
When Can a Landlord Use an N13?
Routine work such as painting, replacing flooring or updating a kitchen will generally not justify ending a tenancy if the work can be completed without requiring the tenant to move out.
However, if the repairs or renovations are extensive enough to require a building permit and vacant possession is necessary to complete the work, the landlord may serve the tenant with an N13 notice.
The full name of the form is:
Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use.
The form is available through the Landlord and Tenant Board, or LTB. The landlord must generally give the tenant at least 120 days’ written notice.
It is important to understand that an N13 is only a notice, it is not an eviction order. If the tenant does not agree to move out, the landlord must apply to the LTB. The LTB will then decide whether the proposed work genuinely requires the rental unit to be vacant.
New N13 Rules Starting September 21, 2026
Beginning September 21, 2026, new rules strengthen a qualifying tenant’s right to move back into the rental unit after renovations are completed.
If the tenant wants to return, they must notify the landlord in writing before moving out and clearly state that they wish to exercise their right of first refusal.
Once the landlord receives that notice, the landlord must:
- Provide the tenant with a written estimate of when the renovations will be completed and the unit will be ready for occupancy.
- Notify the tenant in writing if the estimated completion date changes.
- Notify the tenant again when the unit is ready for occupancy.
- Give the tenant at least 60 days after the unit is ready to exercise their right to return.
In other words, a landlord cannot tell the tenant that the renovations are complete and expect them to move back the next day. The landlord also cannot bypass the former tenant and immediately rent the unit to someone else.
What Rent Will the Returning Tenant Pay?
If the former tenant exercises their right to return, the landlord cannot automatically increase the rent to the renovated unit’s current market value.
Generally, the returning tenant pays the same rent they were paying before moving out, plus any lawful rent increases that would have applied during that period.
What Happens if the Landlord Does Not Follow the Rules?
A landlord may be considered to have failed to honour the tenant’s right of first refusal if they:
- Do not provide the estimated completion date;
- Fail to notify the tenant when that date changes;
- Do not notify the tenant when the unit is ready; or
- Fail to give the tenant at least 60 days to exercise their right to return.
The former tenant may then apply to the LTB and, depending on the circumstances, seek compensation or other available remedies.
A Future Requirement That Is Not Yet in Force
Bill 97 also includes a future requirement under which certain renovation-related N13 notices may need to be accompanied by a report from a qualified professional confirming that the work requires vacant possession.
However, this requirement is not yet in force and should not currently be presented as mandatory.
The Bottom Line
An Ontario landlord may ask a tenant to move out for major repairs or renovations, but only when the legal requirements are met and the proper process is followed.
For landlords, an N13 is not a shortcut to permanently remove a tenant. For tenants, receiving an N13 does not necessarily mean permanently losing the right to live in the unit.
Both parties should understand their rights and responsibilities, follow the required timelines and keep all notices and communications in writing.
Buying or selling a tenant-occupied property in Oakville or the West GTA? Contact The Fisher Group at 647-598-8488 for trusted real estate guidance.
