Asked to leave for renovations (N13) in Ontario: can you move back in?

Yes, if you protect the right in time. A tenant who gets an N13 notice for repairs or renovations has a right of first refusal to move back in at a rent no higher than the landlord could have charged without the interruption, but only if you give the landlord written notice before you move out. Since September 21, 2026, the landlord must then keep you informed of the completion date and give you at least 60 days to move back in.

An N13 is the Landlord and Tenant Board form a landlord uses to end a tenancy to demolish a unit, convert it to a non-residential use, or do repairs or renovations so extensive that they need a building permit and an empty unit. People call the renovation version a "renoviction" when the work is really a way to end a tenancy and re-rent at a higher price. The Residential Tenancies Act answers that with notice periods, compensation, a right to return, and remedies for bad faith. This guide explains each, for tenants in Toronto and York Region, including Persian-speaking families who may be dealing with a landlord, contractor or building manager in a second language. Our main page on landlord and tenant disputes covers other problems.

What does an N13 require, step by step?

The LTB's operational update of September 21, 2026 describes the same new duties: estimated completion date "without delay", updates when that date changes, written notice when the work is done, and 60 days to reoccupy. It also says that if the landlord fails to give the required information or the 60 days, it is presumed that the landlord failed to give the tenant a right of first refusal.

How much compensation is owed?

For demolition or conversion to a non-residential use, the amounts are three months' rent or another acceptable unit in a complex of five or more units, and one month's rent or another acceptable unit in a smaller one, unless a demolition was ordered under another Act (s. 52). Whatever is owed must be paid no later than the termination date in the notice (s. 55.1), and the LTB cannot issue an eviction order until it has been paid (s. 83(4), (5)). The Ontario government's tenant page sums it up: your landlord must compensate you if they evict you to renovate, repair, demolish or convert.

What if you are not let back in, or the work never happens?

Two LTB applications, both on Form T5, protect former tenants:

• No right of first refusal. If the landlord was required to offer you the unit and did not, the LTB can make the same orders as for bad faith (s. 57.1(1)). A landlord who did not follow the new notice and 60-day rules is deemed to have failed (s. 57.1(1.1)). The deadline is the later of two years after you moved out and six months after the work was completed (s. 57.1(2)).
• Bad faith. If the N13 was given in bad faith and the landlord did not demolish, convert or repair the unit within a reasonable time after you left, you can apply within one year of moving out (s. 57(1)(c), (2)).

The orders available include the rent increase you face for a year, general compensation of up to 12 months of your last rent, moving and storage costs, a rent abatement and an administrative fine (s. 57(3)). Failing to afford a right of first refusal, and recovering possession without paying the required compensation, are also offences (s. 233(e), (f)), with a maximum fine of $100,000 for an individual and $500,000 for a corporation (s. 238).

A note on what is not yet law: the Act contains an amendment, to come into force on a day to be named, that would require an N13 for renovations to come with a report from a qualified person confirming that the work needs vacant possession (s. 50(3), note). Check whether it is in force when your notice arrives.

How does the LTB test whether the renovation is genuine?

Before it ends a tenancy on an N13, the LTB must be satisfied of two things: that the landlord intends in good faith to carry out the work, and that the landlord has obtained the necessary permits or has taken all reasonable steps to obtain them where they cannot be issued until the unit is empty (s. 73(1)). In deciding good faith, it may look at the landlord's earlier use of N12 and N13 notices for the same or other units (s. 73(2)). The work itself must be so extensive that it needs both a building permit and vacant possession (s. 50(1)(c)); work that can be done with the tenant living in the unit does not meet that test. A tenant at the hearing can ask for the permit, the scope of work and the contractor's schedule, and can point to any earlier units in the building that were "renovated" and then re-rented at a higher rent.

A claim for more than the LTB can award, which is up to the Small Claims Court limit (s. 207(1)), may instead go to court (s. 207(2)); our civil litigation page describes how court claims work in general.

What changes the answer?

• Whether you gave written notice before moving out. Without it there is no right of first refusal (s. 53(2)).
• The size of the building. Five or more units means three months; fewer means one (ss. 52, 54).
• Whether the work was ordered by an authority. Compensation under ss. 52 and 54 does not apply to work ordered under the Act or another Act.
• Permits. The LTB will not evict unless it is satisfied the landlord has the permits or has taken all reasonable steps to obtain them (s. 73(1)(b)).
• The landlord's history. In judging good faith, the LTB may consider the landlord's previous N12 and N13 notices (s. 73(2)).
• When things happened. The new duties apply to tenant notices given, and work completed, on or after September 21, 2026.

A worked example

For example, imagine a couple renting a one-bedroom apartment in a 12-unit building in North York. On November 1, 2026 they receive an N13 for a full kitchen and bathroom gut renovation, with a termination date of March 31, 2027. This is a hypothetical walk-through of the rules, not a description of any real case or result.

They want to come back. Before moving out, they give the landlord a dated letter saying they wish to exercise their right of first refusal, with their new address, and keep a copy. Because the building has 12 units and they asked to return, they are owed rent for the lesser of three months and the time the unit is under renovation, by March 31. The landlord must send them the estimated completion date without delay, and update it if it changes. When the unit is ready, the landlord must tell them in writing and give them at least 60 days to move back, at the rent they would have paid without the interruption. If the landlord instead lists the unit for rent at a higher price, they can file a T5 within the later of two years after moving out and six months after the work is finished.

What mistakes do tenants make with an N13?

1. Telling the landlord by phone, or after moving, that they want to come back. The notice must be in writing and before you move out.
2. Not updating the address. The right is conditional on telling the landlord of every change (s. 53(4)).
3. Signing an agreement to end the tenancy without advice. A tenancy can end by agreement without any notice (s. 37(3)), on whatever terms the agreement sets.
4. Leaving before compensation is paid. It is due by the termination date.
5. Assuming the renovation is real. Ask about the building permit; the LTB will.
6. Missing the T5 deadlines. One year for bad faith; the later of two years and six months after completion for right of first refusal.

What to do this week

1. Keep the N13 and note the date it reached you; count the days to the termination date.
2. Decide whether you want to return; if so, send a dated written notice before you move and keep proof.
3. Ask the landlord in writing for the building permit number and the planned work.
4. Note the number of units in the building; it decides the compensation.
5. Keep a record of your current rent and any increases.
6. Book a consultation; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

Do I have to leave on the termination date?

No. A notice does not end your tenancy against your will. The landlord must apply to the LTB, and the LTB cannot evict until it is satisfied about good faith and permits and any compensation is paid (ss. 73, 83(4)). A landlord who changes the locks instead breaks the Act; see our guide on being locked out by your landlord.

Can the landlord raise the rent when I move back?

Only up to what it could have lawfully charged if your tenancy had not been interrupted (s. 53(3)).

Is an N13 the same as an N12?

No. An N12 is for the landlord's, a family member's or a purchaser's own use, with different notice and compensation rules. Our guide to N12 notices and the one month's rent explains them.

How long does the landlord have to finish the work?

The Act does not set a fixed period, but in a bad-faith application the LTB asks whether the work was done within a reasonable time after you left (s. 57(1)(c)).

Can I get an interpreter at the LTB?

Yes, on request. LTB rule 1.10.1 says a person appearing before the LTB may use an interpreter, and interpretation is provided on request in line with LTB policy. Court cases follow different rules, explained in our guide to Farsi interpreters in Ontario courts.

Who can I call about a landlord breaking the Act?

The province's Rental Housing Enforcement Unit takes complaints about offences under the Act at 416-585-7214 or toll-free 1-888-772-9277. The LTB can be reached toll-free at 1-888-332-3234.

Related questions

If a dispute with your landlord turns into a claim for money above the LTB's limit, our Small Claims Court page explains that court. Persian-speaking families can read our frequently asked questions about consultations in Persian. Our other guides are listed on the services page.

Sourena Sarbazevatan is a Persian-speaking lawyer, and you can discuss an N13 notice with him in Farsi, English or French. Call +1 (416) 628-2041 or use the contact page.