Renoviction in Canada: How to Fight Back When Your Landlord Wants You Out for Renovations

What is Renoviction?

"Renoviction" is the informal term for a practice where a landlord serves a tenant with an eviction notice claiming they need the unit vacant for major renovations — but the real goal is to remove a long-term tenant paying below-market rent, renovate cosmetically, and re-list the unit at a significantly higher price.

It is a growing problem in hot rental markets like Toronto and Vancouver, where the gap between in-place rents and new-listing rents can be hundreds of dollars per month. For a landlord, replacing a tenant paying $1,600 with a new tenant at $2,400 can be worth far more than any renovation cost.

Renovation evictions are legal in limited circumstances under provincial tenancy law — but they are heavily regulated. Understanding exactly what the law requires is your first line of defence.

Ontario: The N13 Notice (RTA s.50)

In Ontario, a landlord who wants to evict a tenant for renovations must serve an N13 Notice. Its full name is the Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use. It is governed by section 50 of the Residential Tenancies Act, 2006.

An N13 is only valid in three scenarios:

• Demolition — the landlord intends to tear the building down
• Extensive renovation or repair — the work requires a building permit and vacant possession is genuinely necessary (i.e., the tenant cannot safely remain during the work)
• Conversion to non-residential use — such as turning a residential unit into an office

Key requirements that distinguish a valid N13 from an invalid one:

• 120 days notice — not 60 days like an N12 (own-use) notice
• 3 months' rent compensation — not 1 month like an N12
• A building permit is required — if no permit exists or has been applied for, the N13 can be challenged at the Landlord and Tenant Board (LTB)
• Vacant possession must genuinely be necessary — minor repairs or cosmetic updates that can be done with tenants present do not qualify

If the landlord cannot produce a building permit or cannot demonstrate that the renovation genuinely requires an empty unit, the LTB will dismiss the application and you can remain in your home.

Ontario: Right of First Refusal — Do Not Skip This Step

Under RTA section 53, Ontario tenants who receive a valid N13 have the right to return to the unit once renovations are complete — at the same rent they were paying before. This is called the right of first refusal, and it is one of the most valuable protections available to renovicted tenants.

But there is a critical catch: you must notify your landlord in writing, before you vacate, that you intend to exercise this right. If you move out without giving that written notice, the right of first refusal is permanently lost.

Once you give proper written notice, your landlord is legally required to notify you as soon as the unit is ready for occupancy. You then have the right to move back in at your previous rent — no market-rate reset.

If your landlord fails to notify you that the unit is ready, re-rents it to someone else, or otherwise fails to honour your right of first refusal, you can file a T5 application (Bad Faith) with the LTB within 2 years of the failure. Remedies can include a rent abatement, punitive damages, and an order permitting you to return to the unit.

British Columbia: Four Month Notice for Renovation

In BC, renovation evictions are governed by section 49(3) of the Residential Tenancy Act. A landlord can serve a tenant with a Four Month Notice to End Tenancy (using the RTB-30 form) if the unit needs major renovations that require a building permit and vacant possession.

The key requirements in BC are similar to Ontario:

• 4 months notice using the RTB-30 form
• 1 month's rent compensation
• A building permit must be required — cosmetic work does not qualify
• Vacant possession must be genuinely necessary

BC has additional protections for displaced tenants. If your former landlord re-rents the unit within 12 monthsof your tenancy ending, you may apply to the Residential Tenancy Branch for compensation — up to 12 months' rent.

For the right of first refusal in BC, you must apply in writing within 30 days of receiving the renovation notice. Unlike Ontario, this deadline runs from the date you receive the notice — not from when you vacate — so act quickly.

How to Tell if a Renoviction is in Bad Faith

Not every renovation notice is legitimate. Here are the warning signs that a renovation eviction may be pretextual:

• No building permit — the landlord has not applied for or obtained one
• Cosmetic scope — painting, new appliances, flooring, or kitchen updates that clearly do not require an empty unit
• Quick re-listing — the unit is advertised at a significantly higher rent shortly after you vacate
• Pattern of N13s — the landlord has served multiple N13 or renovation notices across their portfolio with few units ever returning to original tenants
• Buyout pressure— the landlord offers a "voluntary" cash-for-keys arrangement without explaining your right of first refusal or your ability to contest at the LTB or RTB
• No timeline or contractor — vague renovation plans with no permits, contracts, or realistic schedule

If you suspect bad faith, gather evidence now: screenshot any rental listings for your unit after you receive the notice, keep records of all communications, and request a copy of any building permit the landlord claims to have.

What To Do If You Receive an N13 or Four Month Notice

Follow these steps carefully. The order matters.

1. Do not leave voluntarily. In Ontario, you do not have to vacate until the LTB issues an eviction order. In BC, you do not have to vacate until the RTB confirms the notice. Leaving early may waive your rights.
2. Give written notice of your right of first refusal. In Ontario, send a letter to your landlord before you vacate stating that you intend to exercise your right to return under RTA s.53. In BC, apply in writing within 30 days of receiving the notice.
3. Request proof of the building permit. Ask in writing. If the landlord cannot produce one, you have grounds to challenge the notice.
4. File a dispute if you believe it is in bad faith. In Ontario, file a T5 application or contest the L2 hearing at the LTB. In BC, dispute the notice at the Residential Tenancy Branch.
5. Document everything. Keep every letter, email, and text. Photograph the unit. Record the date you received the notice. If the unit gets listed at a higher rent, screenshot it.

Other Provinces at a Glance

Quebecprovides among the strongest protections in Canada. Under article 1959 of the Civil Code, a landlord who needs the unit for major works must give 6 months' notice and 3 months' compensation. The tenant has an explicit right of first refusal to return. Any attempt to evict for purely cosmetic renovations can be challenged at the Tribunal administratif du logement (TAL).

Alberta has no specific renoviction statute. Standard termination notice rules apply, and tenants who believe a renovation eviction is in bad faith can challenge it at the Residential Tenancy Dispute Resolution Service (RTDRS). The absence of formal protections makes it especially important for Alberta tenants to document any signs of bad faith and seek legal advice promptly.

Frequently Asked Questions