Being Evicted for Renovations and What You Should Know
Finding and securing an affordable home continues to be a growing issue for many Canadians. According to the Landlord Tenant Board (LTB) the number of N13's issued between 2019 and 2022 has almost doubled. [1] With the financialization of homes and N13 notices on the rise, it’s important to know your rights as a tenant.
Community Legal Education Ontario (CLEO) and Steps to Justice Resources break down some important questions about being evicted for renovations that every tenant should know.
What is an N13 Notice:
An N13 is a legal LTB notice to end your tenancy because the Landlord wants to demolish the rental unit, repair it or convert it to another. [2] Landlords must give you 120 days’ notice in writing from an N13 form and cannot start the work or make you leave unless you receive this notice. Steps to Justice details more about N13 notices here.
Right of First Refusal:
You may protect your right to move back in when the work is finished with the “Right of First Refusal,” but you must have it as a written letter to your landlord before you move out. Steps to Justice offers a letter-writing tool that can help you draft a letter using your right of first refusal with all the essential details.
Can I challenge the notice to move out?
According to housing law, you can challenge the N13 notice if you do not believe your landlord is going to do the work they are planning, the work can be done without you moving out, or if the work does not require a building permit or your landlord will not be able to get a building permit.
Where can I go for legal support?
- Find a local community legal clinic through Legal Aid Ontario: 1-800-668-8258
- Visit Waterloo Region Community Legal Services tenant issues for legal advice and tipsheets.
- Call Pro Bono Ontario’s free legal advice hotline at 1-855-255-7256.
- Visit Advocacy Centre for Tenants Ontario for free legal advice and information on tenant rights
- Find legal education resources on CLEO and Steps to Justice
CLEO and Steps to Justice Being Evicted for Renovations tip sheet provides more details on commonly asked questions every tenant should know.
*Please note, Starling Community Services (formerly Lutherwood) does not give out legal advice.
If you or someone you know needs support in finding housing, preventing eviction, or seeking emergency shelter, we are here to help. Call 519-749-2450 between 8:30 am - 4:30 pm Monday-Friday.
References:
- RenovictionsTO: Know Your Rights
- CLEO: Being Evicted for Renovations
- Can my landlord make me move out for repairs or renovations?
[1] “Tenants at Kitchener Complex Told to Move by End of April, but They’re Fighting to Stay | CBC News.” CBCnews, April 12, 2023. https://www.cbc.ca/news/canada...
[2] Form N13 - notice to end your tenancy because the landlord wants to ... Accessed August 14, 2023. https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N13_Instructions_20200728.pdf.
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