N13 notice in Ontario: demolition, repairs and conversion

N13 notice in Ontario: demolition, repairs and conversion

You want to tear down a unit, gut it for repairs that cannot happen with someone living there, or turn it into something other than a home. Can you end the tenancy, and what will it cost you? In Ontario the answer starts with the N13 notice, and it is a longer and more expensive road than many small landlords expect.

The short version: the N13 needs at least 120 days' notice, you usually owe the tenant compensation before they leave, a tenant displaced by repairs can choose to come back at the old rent, and the N13 alone does not remove anyone. Each of those points has rules attached. Here is how they work, based on the Landlord and Tenant Board's (LTB) N13 instructions, updated September 21, 2026.

What the N13 notice is for

The N13 is the LTB's Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use. You can use it for one of three reasons:

  • Demolition: you intend to demolish the rental unit or the complex.
  • Repairs or renovations: you need the unit to be vacant to do extensive repairs or renovations.
  • Conversion: you intend to convert the unit or complex to a non-residential use.

The repair reason is the one that trips people up. The test in the instructions is that the unit must be vacant for the work. Work that can be done with the tenant in place is not what this notice is for.

The LTB describes giving this notice as the first step in evicting a tenant for these reasons. If the tenant does not leave, ending the tenancy takes an LTB order, and the steps after that are covered below.

How much notice an N13 needs

The termination date must be at least 120 days after the day you give the tenant the notice. It must also fall on the last day of a rental period or, for a fixed-term tenancy, the last day of the term.

When you count the days, do not include the day you give the notice. Add one business day if you send it by courier and five days if you send it by mail, including Xpresspost. The LTB's own example: for a monthly tenancy ending August 31, the latest you could hand the notice over is May 3, and the latest you could mail it is April 28.

You can give the notice by hand to the tenant or an adult in the unit, leave it in the mailbox or where mail is normally delivered, slide it under the door or through a mail slot, fax it to the tenant's home or business fax, or send it by courier or mail. You cannot post it on the tenant's door. Keep a copy of the notice you gave.

Once the tenant has the notice, they can end the tenancy earlier by giving you at least 10 days' written notice. Plan your work schedule so an early departure does not catch you off guard.

N13 compensation: what you owe the tenant

Compensation depends on the reason for the notice and how many residential units are in the complex. It must be paid to the tenant on or before the termination date in the notice. In each case below you can instead offer the tenant another rental unit that is acceptable to the tenant.

SituationComplex with at least five residential unitsComplex with fewer than five residential units
Demolition or conversionThree months' rentOne month's rent
Repairs, and the tenant has not given written notice that they will returnThree months' rentOne month's rent
Repairs, and the tenant has given written notice that they will returnThree months' rent or the rent for the time the unit is under repair, whichever is lessOne month's rent or the rent for the time the unit is under repair, whichever is less

There is one exception. You do not have to compensate the tenant if you are giving the notice because you have been ordered to demolish or repair the unit or complex under any Act. That applies to an actual order. A plan to fix something, however necessary, is not an order.

Different amounts apply where the tenant owns a mobile home or land lease home on the site; check the instructions if that is your situation.

When the tenant wants to move back in after repairs

If you serve the N13 for repairs or renovations, the tenant can choose to move back in when the work is finished. The rent can be no more than what you could have lawfully charged if the tenancy had never been interrupted. Renovation does not reset the rent.

The tenant has duties too. Before moving out, they must tell you in writing that they intend to move back in. They must also keep you informed in writing of any change of address. Keep those letters with your file.

Your duties grew on September 21, 2026. According to the LTB's operational update on the legislative changes, if the tenant gives written notice on or after that date that they intend to return, you must:

  • tell the tenant in writing, without delay, the estimated date the work will be finished,
  • tell the tenant without delay if that estimated date changes, and
  • tell the tenant in writing when the work is complete and the unit is ready.

If the work is completed on or after September 21, 2026, you must also give the tenant 60 days' notice to move back into the unit.

These are not formalities. A tenant who gave written notice of return can file a T5 application (Landlord Gave a Notice of Termination in Bad Faith) if they were not allowed back or did not receive the required notice. Under the new rules, if you did not give the information about when the unit would be ready, or did not give the tenant 60 days to move in, it is presumed that you failed to give them their right of first refusal. You can try to rebut that at the hearing, but you start behind. The tenant's deadline to file is now two years after moving out or six months after the renovations are finished, whichever is later.

Permits and describing the work

The N13 asks you to describe the work you plan to do, with dates and a description. The instructions say to be as specific as possible. A vague line such as "renovations" gives the tenant, and later the LTB, very little to go on.

You also check a box saying whether you have obtained, or will obtain, any permits or other authorization the work requires. This matters at the end of the process: the LTB will not issue an eviction order unless you have obtained all the necessary permits or authorizations. If they cannot be obtained until the unit is vacant, you must show you have taken all reasonable steps to obtain them. For extensive repairs or renovations, some municipalities also require the landlord to get a licence, so check the by-laws that apply to your property.

Applying to the LTB: the L2 and the 30-day deadline

If the tenant does not move out, you apply to the LTB with an Application to End a Tenancy and Evict a Tenant (Form L2). You file it with a copy of the N13 you gave and a Certificate of Service showing when and how you gave it.

You can apply as soon as you have given the notice. The outside limit is firm: you must apply no later than 30 days after the termination date in the notice. Mark that date in your calendar the day you serve.

Use the current N13 form

The N13 is one of the forms the LTB updated and replaced on September 21, 2026. Previous versions will no longer be accepted as of November 30, 2026. Download the current form from the LTB rather than reusing an old copy from your files.

How the N13 differs from the N12

The N12 is the notice for when you, a family member or a purchaser needs the unit to live in. It has its own rules, and one of them changed on September 21, 2026: for an N12 served on or after that date for the landlord's own use with at least 120 days' notice, compensation is no longer required. The exception does not apply to an N12 served for a purchaser's own use. We explain that exception in our article on the N12 own-use 120-day compensation exception.

That exception does not carry over to the N13. Here, 120 days is the minimum notice (one year where the unit is in a mobile home park or land lease community and the tenant owns the home), and compensation is still owed unless you have been ordered to demolish or repair. If you are deciding between the two notices, choose the one that matches your real reason for needing the unit. The notices are not interchangeable.

A hypothetical: repairs in a fourplex

This example is hypothetical. A landlord owns a four-unit building and needs one unit empty to replace its plumbing. Because the complex has fewer than five residential units, compensation is one month's rent or an acceptable alternative unit.

The tenant tells the landlord in writing, before moving out, that they want to return. Compensation then becomes one month's rent or the rent for the period the unit will be under repair, whichever is less. The landlord must also send the estimated completion date in writing without delay, update it if it changes, confirm in writing when the work is done, and give the tenant 60 days' notice to move back in. The returning rent is capped at what the landlord could have charged without the interruption.

N13 checklist before you serve

  • Your reason is demolition, conversion to a non-residential use, or repairs that need the unit vacant.
  • The termination date is at least 120 days away, counted correctly for your service method, and falls on the last day of a rental period or fixed term.
  • The work description has dates and specifics.
  • You know which permits, authorizations or licence the work needs, and where you are in getting them.
  • You know the unit count of the complex and the compensation it triggers, and can pay it on or before the termination date.
  • You have a system for the tenant's written notice of return, address changes, and your own completion notices.
  • You are using the current version of the form.
  • Your calendar shows the L2 deadline: 30 days after the termination date.

For how we handle these notices, see our N13 notice service.

If you are planning demolition, major repairs or a conversion and want the N13 done correctly the first time, we can discuss your file. Contact us through our contact page.

This article is general information about LTB procedure for Ontario landlords and is not legal advice about your matter.

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