Of all the eviction notices in Ontario's toolkit, the N13 is one of the least understood — and one of the most misused. Landlords sometimes reach for it when they want a tenant out and figure "major repairs" sounds like a reasonable excuse. That almost always ends badly.
The N13 is a legitimate and necessary form when used properly. If you genuinely need to demolish a building, convert it to a non-residential use, or do extensive repairs or renovations that require the unit to be vacant, the N13 is the right tool. But the Residential Tenancies Act (RTA) sets a high bar, and the Landlord and Tenant Board (LTB) has seen every bad-faith attempt in the book.
This guide explains exactly when the N13 applies, how to serve it correctly, what your obligations are to the tenant, and what happens if things go sideways.
What Is the N13 Notice?
The N13 is formally titled 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 sections 50 and 52 of the Residential Tenancies Act, 2006.
There are three valid reasons to issue an N13:
- Demolition — You intend to demolish the rental unit or the building it's in.
- Conversion — You intend to convert the rental unit to a non-residential use (e.g., turning apartments into commercial space).
- Extensive repairs or renovations — The work is so extensive that vacant possession is required to do it safely, and the necessary permits have been (or will be) obtained.
All three require you to have genuine intent and, in the case of repairs or renovations, the proper municipal permits. "I want to renovate" without permits is not enough. The LTB will ask for them.
How Much Notice Do You Have to Give?
The notice period for an N13 depends on the tenancy type:
| Tenancy Type | Minimum Notice Required |
|---|---|
| Daily or weekly tenancy | At least 28 days |
| Monthly tenancy | At least 120 days |
| Fixed-term tenancy | At least 120 days, and the termination date cannot be earlier than the end of the fixed term |
The 120-day requirement catches many landlords off guard. This is not a quick process. If you're planning a major renovation or demolition, you need to be thinking about your timeline at least four months out — and realistically much longer, because permits, contractor scheduling, and LTB hearings all add time on top of the notice period.
The termination date must also be the last day of a rental period (e.g., the last day of a month for a monthly tenancy), unless the tenancy is daily or weekly.
The Tenant's Right to Compensation
This is the part that surprises many landlords: the N13 comes with a mandatory compensation obligation. Under section 52 of the RTA, you must pay the tenant:
- 3 months' rent as compensation for the eviction
This applies to all three reasons — demolition, conversion, and extensive repairs/renovations.
For renovations specifically, there's an additional wrinkle. You must offer the tenant the right of first refusal to move back into the unit once the work is complete, at the same or lower rent than they were paying. This is required under section 53 of the RTA. You must make this offer in writing, and the tenant has 30 days to respond.
If you fail to offer right of first refusal — or you end up not doing the renovations at all and rent the unit to someone else — the former tenant can file a T5 application against you, claiming bad faith and seeking compensation of up to 12 months' rent plus moving costs.
What Counts as "Extensive Repairs"?
This is where the N13 gets misused most often. Not every repair or renovation qualifies. The work must be so extensive that:
- The unit must be vacant while the work is being done
- You have obtained (or applied for) all necessary permits
Painting, flooring, kitchen updates, or cosmetic work do not qualify. Neither does work that could reasonably be done while the tenant is still living there, even with some inconvenience.
The LTB looks at whether the work genuinely requires vacant possession. Think gut renovations, structural work, replacing all the plumbing or electrical systems, or anything that would make the unit uninhabitable or unsafe during the work period.
If a landlord serves an N13 for "renovations" and can't demonstrate the scale of work or produce the required permits, the LTB will dismiss the application. The tenant can then file their own application claiming bad faith, and the landlord can be ordered to pay significant compensation.
Step-by-Step: How to Serve an N13 Correctly
Step 1: Confirm your grounds are legitimate Before you do anything else, make sure your reason falls squarely into demolition, conversion, or genuinely extensive repairs requiring vacant possession. If you're not certain, speak with a paralegal or real estate lawyer who handles Ontario residential tenancy matters.
Step 2: Obtain your permits For repairs and renovations, you need the municipal building permits in place — or at minimum, applied for — before serving the notice. No permits means no valid N13.
Step 3: Complete the N13 form Download the current N13 form from the Landlord and Tenant Board website (tribunalsontario.ca). Fill it out accurately. Specify the exact reason (demolition, conversion, or repairs), and include the termination date that gives the tenant the correct amount of notice (120 days for monthly tenancies).
Landlord Insights
Get practical tips for Ontario landlords — delivered free.
Step 4: Serve the notice properly Under the RTA, you can serve a notice by:
- Handing it to the tenant in person
- Leaving it in the mailbox or mail slot of the unit
- Sending it by fax (if the tenant has agreed to receive documents this way)
- Using a courier or mail — note that if mailing, the RTA adds 5 days to the service date
Keep a record of how and when you served the notice.
Step 5: Arrange the compensation payment The 3 months' compensation must be paid to the tenant before or on the termination date. Document this payment carefully.
Step 6: Apply to the LTB if the tenant doesn't leave If the tenant doesn't vacate by the termination date, you cannot physically remove them. You must file an L2 application with the LTB to enforce the notice. The LTB will schedule a hearing, and you'll need to demonstrate your genuine intent and show the permits.
What Happens at the LTB Hearing
At the hearing, the LTB member will want to see:
- The valid N13 notice, properly completed and served
- Evidence of genuine intent (building permits, demolition permits, architectural drawings, contractor quotes)
- Proof that compensation was paid
- For renovations: evidence that the work truly requires vacant possession
Tenants can challenge an N13 by arguing the landlord doesn't have genuine intent, that the work doesn't actually require them to leave, or that the notice was served incorrectly. If the tenant raises these issues and has reasonable grounds, the LTB can dismiss the application.
Being well-prepared — with permits, contractor documentation, and a clear timeline — is essential. If you've read the LTB hearing preparation guide for Ontario landlords, apply the same principles here: organize your documents, know your timeline, be ready to explain the scope of work clearly.
The Renoviction Problem in Ontario
The N13 has become controversial in Ontario because some landlords have abused it to remove long-term tenants and reset rents to market rates. This is called renoviction, and the province has taken steps to address it.
If you're planning a major renovation and want to understand the full legal landscape around it, the renoviction in Ontario guide covers the tenant protections in detail, including what tenants can do to challenge an N13 and what the consequences are for bad-faith filings.
The short version: if you use the N13 in bad faith, the consequences are severe. Tenants can seek up to 12 months' rent in compensation, and the LTB has the authority to investigate whether the work was actually done.
Temporary Vacancy vs. Permanent Eviction
One important distinction with renovations: the N13 for extensive repairs is intended to create a temporary vacancy. The tenant has the right to return. The N13 for demolition or conversion is permanent — the unit either won't exist anymore, or it won't be residential.
For temporary vacancies (renovations), some landlords and tenants work out a separate arrangement where the tenant temporarily moves to another unit in the same building, or the landlord provides interim housing. These arrangements can work but need to be documented in writing. A verbal agreement will not protect either party if a dispute arises later.
Common Mistakes Landlords Make with the N13
Serving the notice without permits. This is the single biggest mistake. The LTB will dismiss your application and you may face a bad-faith finding.
Giving less than 120 days' notice. The notice period is strict. A short notice period makes the N13 invalid on its face.
Not paying the 3 months' compensation. This is mandatory. Not discretionary. Failing to pay it can result in the LTB refusing to grant eviction.
Forgetting the right of first refusal for renovations. If the tenant requests it and you fail to honour it, you've created significant legal exposure.
Using the N13 when the N12 applies. If you want the unit for yourself or a family member's personal use, that's an N12 notice, not an N13. Using the wrong form adds delay and potential bad-faith risk.
Key Takeaways
- The N13 applies to demolition, conversion to non-residential use, or extensive repairs requiring vacant possession and permits.
- Monthly tenants require at least 120 days' notice; the termination date must be the last day of a rental period.
- You must pay 3 months' rent in compensation before or on the termination date.
- For renovations, you must offer the tenant right of first refusal to return to the unit.
- You cannot enforce the N13 yourself — if the tenant doesn't leave, you must apply to the LTB via an L2 application.
- Bad-faith N13s carry serious consequences: up to 12 months' rent in compensation to the tenant.
- Permits are not optional — for repairs and renovations, they are a prerequisite to a valid N13.
The N13 is a legitimate form when used correctly. But it requires careful preparation, genuine intent, and a clear understanding of your obligations to the tenant. Getting it wrong doesn't just delay your project — it can cost you far more than the renovation itself.
If you own rental properties in London, St. Thomas, or Strathroy and want someone else to handle the legal complexity of evictions, notices, and LTB filings, Prospera Properties manages the full landlord experience so you don't have to navigate it alone.