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In recent years, “renovictions” have spiked in Ontario. And their proliferation is another factor contributing to the province’s ongoing housing crisis. So what should you do if your landlord says they want to renovate and you need to leave?
Here’s what you need to know.
What is Renoviction?
It can be very hard to evict tenants in Ontario given the province’s residential tenancy protection laws. But one legal means of eviction is by virtue of an ostensive property renovation or demolition. Hence the term, “renoviction”. It describes a situation where a landlord evicts a tenant because their unit:
will be subject to extensive renovations or repairs;
will be demolished; or
will be converted to another, non-residential use.
The work must be of such a degree that the tenant cannot reasonably continue to occupy the property during the renovation, repair, conversion, or (understandably) demolition.
How Do Landlords Renovict Tenants?
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.
The Act was recently amended to require all N13 eviction applications to include a report from a qualified professional stating that the tenant’s departure is in-fact necessary for the planned renovation work. However, this amendment does not appear to be in effect at the time of writing. We will attempt to update this guide once the amendment has gone into effect. Some municipalities, including Hamilton and Toronto, are planning to implement complementary local bylaws which may take effect sooner.
When is Renoviction Illegal?
Renoviction will be illegal if it is just a smokescreen for, or otherwise used to, facilitate illegal eviction (i.e., the landlord intends to move in or find new tenants for the unit whom they can charge higher rent) and the landlord:
does not proceed with renovation or demolition;
did not need to evict the tenant(s) for minor renovation work; or
does not allow a tenant to reoccupy a unit after renovation is complete (more on this below).
What Should a Tenant Do Upon Receiving a Renoviction Notice (N13)?
Whether you get a proper N13 form or not, you do not have to leave by the termination date. Tenants are only legally required to vacate a unit upon receiving an eviction order from the Landlord and Tenant Board (LTB). It may take one’s landlord a long a long time to get this given the LTB’s current backlog.
If an N13 or its service is found to be defective at an LTB hearing, the application is likely to be immediately dismissed. This will require the landlord to begin the eviction process all over again.
Right to Re-Occupy
Tenants generally have the right to move back into a unit after renovation, provided the tenant gives the landlord notice of their intention to re-occupy the rental unit. However, notice must be:
in writing and clearly state the tenant’s intention to move back in; and
provided to the landlord before the tenant vacates the unit.
The tenant must also keep the landlord informed of their address and any changes to it while they are living elsewhere. Tenants should ensure that they can prove all the foregoing if necessary (i.e., keep track of all emails, texts, notices sent by mail, etc.), and:
demand in writing that their landlord provide them with an anticipated reoccupation date;
instruct their landlord to update them in the event the unit will not be ready for reoccupation by that date; and
if necessary, demand in writing that the landlord provide an updated reoccupation date.
Tenants should not simply tell the landlord to let them know when the unit is ready, or the landlord may never do so until they have rented out the unit to a new tenant. That would be illegal, but if it happens (and it does), the tenant will have the burden of filing a claim against the landlord and proving the bad faith eviction. This is not a good position to be in, and the outcome is rarely satisfying.
bad faith
If you suspect your landlord intends to renovict you in bad faith, you can check to see if they obtained building permits necessary to carry out the anticipated work. In Toronto, you can run a check here. If the landlord obtained no permits and makes no effort to obtain them, that may indicate the “renovation” they intend to carry out is not extensive enough to warrant evicting you.
If you are evicted in bad faith or not permitted to return despite telling the landlord of your clear intention to reocuppy, you can file a T5 application against your landlord for bad faith eviction. You must do so within 1 or 2 years of the date you vacated the unit, depending on the circumstances (but generally, don’t sleep on it).
N13 Compensation
Tenants served with an N13 are entitled to 1-3 months rent as compensation payable before the termination date in the N13. But if a tenant moves out “voluntarily” without proper N13 service, they may lose entitlement to the compensation.
Legal Assistance Fighting RenovictioN
Our legal professionals can help tenants served with an N13 by:
examining the N13 notice for defects that may invalidate the notice or subsequent L2 eviction application;
discussing your right to appropriate compensation, first refusal, and what to do if your rights are violated; and
outlining and assisting with options and strategies for fighting eviction or reaching a settlement between the parties.
If you are interested in learning more about our ability to assist with an N13 or renoviction situation, take a look at our housing practice page and book a free or paid consultation with us using the button below.