- An N13 is used when a landlord needs the unit vacant to demolish it, convert it to another use, or complete extensive repairs or renovations — not for minor work.
- Landlords must give at least 120 days written notice, ending on a date that matches the end of a rental period or lease term.
- Tenants are generally entitled to compensation — commonly up to three months' rent, depending on the circumstances and the number of units in the building.
- Tenants have a right of first refusal to move back in once the work is finished, if they give the landlord written notice before moving out.
- A proposed amendment to the Residential Tenancies Act would require landlords to include a qualified person's report with the N13 — as of this writing, that specific requirement has not yet been brought into force province-wide, though Toronto has its own municipal renovation licence requirement.
- A tenant who receives an N13 does not have to move out immediately — the landlord must still apply to the Landlord and Tenant Board for an order if the tenant does not leave voluntarily.
The Short Answer
An N13 notice is used when a landlord needs a rental unit completely vacant to demolish it, convert it to another use, or complete repairs or renovations extensive enough that the unit cannot be occupied. It requires at least 120 days' written notice, generally comes with an entitlement to compensation, and gives the tenant a right of first refusal to move back in once the work is done. It is not an automatic eviction — if the tenant does not leave voluntarily, the landlord must still apply to the Landlord and Tenant Board for an order.
What an N13 Notice Actually Covers
An N13 can be used for three distinct situations:
- Demolition of the rental unit or building
- Conversion of the rental unit to a non-residential use
- Repairs or renovations so extensive that the unit must be vacant for the work to be done safely
An N13 is not valid for routine maintenance or minor repairs that do not require the tenant to move out. Using an N13 for work that does not genuinely require vacant possession can be challenged at the Landlord and Tenant Board.
The 120-Day Notice Period
Landlords must give tenants at least 120 days written notice using the N13 form. The termination date specified in the notice must coincide with the end of a rental period (for month-to-month tenancies) or the end of the lease term (for fixed-term leases) — a landlord cannot pick an arbitrary date in the middle of a rental period.
Tenant Compensation
Tenants served with a valid N13 are generally entitled to compensation, which can be up to three months' rent, depending on the specific circumstances, the reason given, and the size of the building.
Compensation rules in this area have been actively evolving. Confirm the specific amount that applies to your situation with a lawyer or the Landlord and Tenant Board before relying on any figure.
The Right of First Refusal
Tenants who are evicted for renovations or repairs (though generally not for demolition or conversion) have a right of first refusal — the right to move back into the unit once the work is complete, at a rent the Residential Tenancies Act permits based on the previous rent.
This right is not automatic — a tenant who wants to exercise the right of first refusal must give the landlord written notice of that intention before moving out. Waiting until after the fact can jeopardize the right entirely.
Toronto's Rental Renovation Licence
The City of Toronto has introduced its own Rental Renovation Licence By-law, requiring landlords who evict tenants for renovations within the city to obtain a municipal licence. As part of that process, landlords must provide documentation supporting the need for vacant possession — a municipal-level protection layered on top of the provincial Residential Tenancies Act requirements, specific to Toronto.
Bill 97 and the Qualified Person Report
Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023, proposes to amend the Residential Tenancies Act to require that N13 notices for repairs or renovations be accompanied by a report from a qualified person, confirming the work genuinely requires the unit to be vacant. As of this writing, this specific amendment has not yet been brought into force province-wide, and the qualifications for a “qualified person” have not yet been defined in regulation.
Because this requirement is still in transition, both landlords and tenants should confirm the current, in-force requirements with a lawyer or the Landlord and Tenant Board rather than relying solely on general information, including this article.
What Tenants Can Do
- Confirm the N13 meets the basic requirements — 120 days' notice and a valid termination date
- Ask the landlord for details about the scope of work and compensation being offered
- Give written notice of your intention to exercise the right of first refusal, if you want to preserve it
- Raise concerns about bad faith at an LTB hearing if the landlord does not apply for an eviction order and you have reason to believe the stated purpose is not genuine
What Landlords Must Get Right
- Confirm the work genuinely requires vacant possession before issuing an N13 — minor work does not qualify
- Provide at least 120 days' notice, ending on a date that matches the tenancy's rental period or term
- Offer the compensation the tenant is entitled to under current rules
- Respect the tenant's right of first refusal if properly exercised
- Check for any applicable municipal requirements, such as Toronto's Rental Renovation Licence
N13 vs. N12: What's the Difference?
| Factor | N13 (Renovation/Demolition) | N12 (Personal Use) |
|---|---|---|
| Reason | Demolition, conversion, or extensive repairs/renovations | Landlord, purchaser, or specified family member moving in |
| Notice period | 120 days | 60 days |
| Right of first refusal | Yes, for repairs/renovations | No |
| Compensation typically required | Yes, up to 3 months' rent | Yes, generally one month's rent or an alternate unit |
See our dedicated guide on N12 personal use evictions in Ontario for how that process compares.
Common Mistakes
The termination date must align with the end of a rental period or lease term — an arbitrary date can invalidate the notice.
Failing to offer the compensation a tenant is entitled to can be challenged at the Landlord and Tenant Board.
An N13 is only valid where vacant possession is genuinely required — using it for work that does not require tenants to move out is a common, challengeable error.
Tenants who intend to move back in must put their intention in writing before vacating — an informal or late request can jeopardize this right.
Whether you've received an N13 or you're a landlord planning renovations, call our Toronto landlord and tenant team at 416-274-2222 for a free consultation.
Frequently Asked Questions
An N13 is the form a landlord uses to end a tenancy because they need the rental unit vacant to demolish it, convert it to a different use, or complete repairs or renovations so extensive that the unit must be empty. It cannot be used for minor repairs that do not require the tenant to vacate.
At least 120 days, in writing, and the termination date specified must coincide with the end of a rental period or the end of a lease term, whichever applies to the tenancy.
In most cases, yes. Tenants served with an N13 are generally entitled to compensation, which can be up to three months' rent depending on the specific circumstances, the reason for the notice, and the size of the building. The exact requirement can vary, so it is worth confirming the current rules for your specific situation.
Yes, if you follow the correct process. Tenants have a right of first refusal to occupy the rental unit again once repairs or renovations are finished, but you must give the landlord written notice of your intention to exercise this right before you move out.
No. An N13 is a notice, not an eviction order. If you do not move out voluntarily by the termination date, the landlord must apply to the Landlord and Tenant Board for an eviction order, and you will have the opportunity to respond and potentially dispute the application at a hearing.
No. An N13 is only valid where the repairs or renovations are so extensive that the unit must be vacant for the work to be carried out safely — routine maintenance or minor repairs that do not require tenants to move out do not qualify.
Proposed amendments under Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023, would require landlords to include a report from a qualified professional confirming that the renovation work genuinely requires the unit to be vacant. As of this writing, this specific amendment to the Residential Tenancies Act has not yet been brought into force province-wide — confirm the current requirement with a lawyer or the Landlord and Tenant Board before relying on it.
Yes. The City of Toronto introduced a Rental Renovation Licence By-law, which requires landlords evicting tenants for renovations in Toronto to obtain a licence and, as part of that process, provide supporting documentation similar in spirit to the qualified person's report proposed under Bill 97. This is a municipal requirement specific to Toronto, separate from the provincial Residential Tenancies Act.
An N12 is used when the landlord, a purchaser, or specific family members intend to personally move into the unit. An N13 is used for demolition, conversion, or extensive repairs or renovations requiring vacant possession. Both require notice and, in most cases, compensation, but the underlying reason and some of the specific requirements differ. See our dedicated guide on N12 personal use evictions for that process.
No — an N13 must be based on a genuine need for the unit to be vacant for demolition, conversion, or extensive repairs, not simply a desire to re-rent at a higher price. Ontario has been tightening rules around bad-faith "renovictions," and a tenant who believes an N13 was issued in bad faith can raise this at an LTB hearing.
Read it carefully to confirm it meets the basic requirements (120 days' notice, a termination date matching your rental period), ask the landlord for details about the scope of work and the compensation being offered, document your right of first refusal in writing if you intend to exercise it, and consider speaking with a lawyer or tenant support service, especially if anything about the notice seems inconsistent with a genuine renovation need.