Updated October 3, 2026 · DF Property Management
Three grounds, one form
Form N13 ends a tenancy because the landlord intends to:
- demolish the rental unit;
- convert it to a non-residential use; or
- do repairs or renovations so extensive that they require a building permit and vacant possession of the unit.
The distinction matters. After a renovation the tenant has a right to move back in; after a demolition there's nothing to return to. The Divisional Court confirmed in 2025 that N13s, like N12s, must be given in good faith — an ongoing, genuine intention to do the work described.
Notice period
The termination date must be at least 120 days after the notice is given and fall on the last day of a rental period or fixed term. The tenant can leave earlier on 10 days' written notice and still keep their rights.
Permits and the qualified-person report
A renovation N13 must come with a report from a qualified person stating that the work is so extensive it requires vacant possession. Without it, the notice is void.
At the hearing, the LTB won't end the tenancy unless you have the necessary permits — or have taken all reasonable steps to get them and they can't be issued until the unit is empty. A municipal renovation licence counts as one of those required authorities.
Compensation by building size
| Situation | 5 or more residential units | Fewer than 5 units |
|---|---|---|
| Demolition or conversion | 3 months' rent, or another unit the tenant accepts | 1 month's rent, or another acceptable unit |
| Renovation — tenant not returning | 3 months' rent, or another acceptable unit | 1 month's rent, or another acceptable unit |
| Renovation — tenant returning | Rent for the shorter of 3 months or the length of the work | Rent for the shorter of 1 month or the length of the work |
Compensation is due by the termination date. It doesn't apply where the demolition or work was ordered under another law.
The right of first refusal
A tenant who wants to come back must tell you in writing before moving out and keep you updated on their address. You can't refuse, and the rent on return can't exceed what you could have lawfully charged had the tenancy never been interrupted.
Where the tenant gives that written notice on or after September 21, 2026, you must also:
- tell the tenant in writing, without delay, the estimated completion date, and update them if it changes;
- tell them in writing when the unit is ready; and
- give them at least 60 days to move back in (for work completed on or after that date).
If you don't, the LTB presumes you denied the right of first refusal. The tenant's T5 deadline is now the later of two years after moving out or six months after the work is finished.
Toronto: the Rental Renovation Licence
For N13s for repairs or renovations issued on or after July 31, 2025, Toronto requires a Rental Renovation Licence (Municipal Code Chapter 662) for each affected unit.
- Before applying — Obtain building permits and a declaration from an architect (OAA) or engineer (PEO) that vacant possession is required.
- Apply within 7 days of serving the N13 — With the permits, the N13, the declaration and the fee: $728 per unit in 2026.
- Post the Tenant Information Notice — The City issues it within two business days; post it on the unit door within five calendar days and send the City a photo within 14 days. A 14-day notification period follows.
- Submit the tenant plan — A declaration signed by landlord and tenant on whether they'll return, plus the matching accommodation or compensation plan.
- Licence issued — Post it at the unit during the work. It's valid for 12 months.
What the by-law requires you to provide:
- Returning tenant: temporary comparable housing at a similar rent, or monthly rent-gap payments based on CMHC average market rents for units built since 2015.
- Tenant not returning: a lump sum equal to three months of rent-gap payments, paid before the licence is issued.
- Either way: a one-time moving allowance of $1,500 for a studio or one-bedroom, or $2,500 for two bedrooms or more.
These are on top of the provincial compensation above. The licence doesn't apply to demolitions, which follow the City's rental demolition and replacement process (Chapter 667). In buildings with six or more units, work that changes the number of units or bedrooms can count as demolition even if the building stays standing.
Hamilton and the rest of the GTA
Hamilton's Renovation Licence and Relocation By-law (24-055) has been in force since January 1, 2025. Landlords must apply within seven days of serving an N13, and work can't start until the licence is issued. Other municipalities may adopt similar rules, so check locally before serving.
Mistakes that sink N13 applications
- Cosmetic work dressed up as major work. New flooring, paint and a kitchen refresh rarely need a building permit or an empty unit. If the work can be done with the tenant in place, the N13 will likely fail.
- No permit, no plan. Serving first and applying for permits later leaves you at the hearing with nothing to show. Drawings and permit applications should be well under way before the notice goes out.
- A thin qualified-person report. The report should explain why vacant possession is needed for this unit and this scope of work — not repeat the words of the Act.
- Missing the municipal step. In Toronto and Hamilton, the seven-day licence application clock starts when you serve. Miss it and the LTB can adjourn or dismiss.
- Compensation paid late. It's due by the termination date; the LTB won't issue an eviction order until it's paid.
- Forgetting earlier notices. The L2 must list every N12 and N13 you've given in the past two years.
- Re-renting at a higher rent. A tenant who asked to return must be offered the unit at their old rent. Advertising it to the market invites a T5 application and significant compensation.
Before you serve: alternatives
- Phase the work with the tenant in place, using proper notice of entry.
- Agree a temporary move in writing, with the tenancy continuing.
- Negotiate an exit — see our guide to cash for keys.
- Recover capital costs on rent-controlled units through an above-guideline increase instead of turnover.
How we can help
We scope and run renovations and turnovers and plan capital work for apartment buildings, so the legal and municipal steps are mapped before any notice goes out.
General information, not legal advice. N13 cases combine provincial law with municipal by-laws; get advice specific to your property before serving.