Of all the notices a tenant can receive in Ontario, the N13 tends to trigger the most anxiety — and the most confusion about what’s actually owed. It’s the notice landlords use when a unit needs to be demolished, converted to another use, or renovated so extensively that no one can safely live in it while the work happens. Unlike routine repairs, this isn’t something a landlord can decide on a whim and act on quickly. The law puts real structure around it: a long notice period, specific compensation rules, and — in most renovation cases — a tenant’s right to come back.
This guide covers what qualifies for an N13, the 120-day notice period, what compensation actually looks like, and the right of first refusal that too many tenants don’t realize they have.
Form N13 is the notice a landlord uses to end a tenancy for demolition, conversion to non-residential use, or repairs so extensive that the unit can’t be safely occupied during the work. It requires at least 120 days’ written notice. For repairs and renovations (not demolition), tenants generally have a right of first refusal to move back at their previous rent, and are entitled to compensation — commonly three months’ rent or a comparable unit — if they choose not to return.
What Qualifies for an N13 Notice
Not every renovation justifies an N13. The bar is deliberately high: the work has to be significant enough that the unit genuinely cannot be occupied while it’s happening. Painting, flooring replacement, or routine appliance swaps don’t qualify — those are handled as ordinary repairs while the tenant stays in place.
N13 situations generally fall into three categories:
- Demolition of the rental unit or the building it’s in
- Conversion of the unit or building to a non-residential use
- Repairs or renovations so extensive — structural work, major systems replacement, gutting a unit down to the studs — that no one could safely live there during construction
A landlord planning this level of work is expected to have the underlying permits and project scope in hand before serving the notice. An N13 served without supporting documentation is exactly the kind of file that gets closely scrutinized — and challenged — at the Board.
The 120-Day Notice Period
An N13 requires at least 120 days’ written notice before the termination date — significantly longer than most other termination notices. The termination date must land on the last day of a rental period, or the last day of a fixed term if the tenancy is for a defined length. For tenants in a mobile home park or land lease community who own their home, the notice period extends to a full year rather than 120 days.
Because the timeline is so much longer than a standard notice, tenants generally have real time to plan — but that also means landlords need to build the 120-day window into their renovation or demolition timeline from the start, not treat it as a formality to work around later.
Your Right of First Refusal
This is the protection tenants most often don’t realize they have. If the N13 is for repairs or renovations — not demolition or conversion — the tenant generally has the right to move back into the unit once the work is finished, at the same rent they were paying before (plus any guideline increases that would have applied in the meantime). This is called the right of first refusal, and it has to be exercised in writing before the tenant vacates the unit.
The right of first refusal doesn’t apply to demolition or conversion situations, since there’s no unit to return to in its previous form.
Compensation: What Landlords Actually Owe
| Scenario | Typical Compensation |
| Repairs/renovations, tenant exercises right of first refusal (5+ unit buildings) | Landlord covers rent-equivalent costs while work is ongoing |
| Repairs/renovations, tenant does not return (5+ unit buildings) | Three months’ rent, or a comparable alternative unit |
| Demolition or conversion | One month’s rent, or an acceptable alternative unit, in most standard cases |
Compensation obligations can also be affected by municipal renovation licensing bylaws in cities like Toronto, which sometimes require additional landlord obligations beyond the provincial minimum. This layering of municipal and provincial rules is one of the more common areas where landlords underestimate what they actually owe — and where a landlord paralegal reviewing the file before service can prevent an expensive miscalculation.
Note that compensation generally does not apply if the repairs were ordered by a government agency rather than chosen voluntarily by the landlord — for example, a municipal order requiring safety repairs.
A Tenant's Option to Leave Early
A tenant who receives an N13 isn’t required to stay until the 120-day period runs out. They can choose to move out earlier by giving the landlord at least 10 days’ written notice using Form N9, referencing the N13 they received. This gives tenants flexibility to relocate on their own timeline rather than waiting out the full notice period if they’ve already found somewhere else to go.
What Happens If the Tenant Doesn't Move Out Voluntarily
An N13 doesn’t end the tenancy automatically. If the tenant doesn’t vacate by the termination date, the landlord has to apply to the Landlord and Tenant Board for an order ending the tenancy. The Board holds a hearing, and tenants can attend to challenge whether the work genuinely requires the unit to be vacant, whether proper compensation was offered, or whether the notice met the legal requirements in the first place. This is where documentation — permits, contractor evidence, project timelines — becomes critical for the landlord’s case, and where a poorly prepared N13 can unravel an entire renovation schedule. Our eviction paralegal services help landlords keep this sequence defensible from the first notice through the hearing.
Signs an N13 Might Not Be Genuine
Tenants sometimes worry an N13 is being used as a pretext to remove them rather than a genuine renovation plan — sometimes referred to informally as a “renoviction.” Warning signs worth taking seriously include a landlord who’s vague about the scope of work, no permits or contractor documentation available on request, or a pattern of re-listing similar units shortly after tenants vacate without visible renovation work. Tenants who suspect an N13 isn’t being used in good faith should gather their lease, the notice itself, and any related communication, and get it reviewed through our tenant eviction paralegal services before the termination date arrives — challenging the notice is far easier before a hearing than after moving out.
Common Mistakes Landlords Make With N13 Notices
- Serving the notice before permits or a firm project scope are actually in place
- Miscalculating compensation, particularly the distinction between repair/renovation cases and demolition/conversion cases
- Failing to properly document and offer the right of first refusal in repair and renovation situations
- Overlooking municipal renovation licensing requirements that apply on top of the provincial rules
- Treating cosmetic upgrades as if they meet the “cannot be safely occupied” threshold
Frequently Asked Questions About the N13 Notice in Ontario
How much notice does a landlord have to give with an N13?
At least 120 days, with the termination date falling on the last day of a rental period or fixed term (one year for owned mobile/land lease homes).
Do all N13 situations give tenants a right to return?
No. The right of first refusal applies to repair and renovation cases, not to demolition or conversion to non-residential use, since there’s no unit in its previous form to return to.
How much compensation is a tenant owed under an N13?
It depends on the building size and situation, but commonly ranges from one month’s rent (demolition/conversion, most cases) to three months’ rent or a comparable unit (larger buildings, tenant not returning after renovation).
Can a tenant move out before the 120 days are up?
Yes. A tenant can give the landlord at least 10 days’ written notice using Form N9 to leave earlier than the full notice period.
What qualifies as work extensive enough for an N13?
Structural work, major systems replacement, or renovations so significant that the unit can’t be safely lived in during construction — not cosmetic updates like painting or flooring.
What if a tenant thinks the N13 isn’t genuine?
They can remain in the unit and challenge the notice at a Landlord and Tenant Board hearing, where the landlord will need to demonstrate the work genuinely requires the unit to be vacant.
Facing an N13, or Planning One?
Whether you’re a landlord structuring a renovation or demolition project the right way, or a tenant trying to understand what you’re actually owed, the N13 process has more moving parts than almost any other LTB notice. Kippel & Associates Legal Services helps landlords and tenants across Toronto and the GTA navigate demolition, conversion, and renovation evictions with the documentation discipline these files demand. Book a free consultation or visit our FAQ page for more on Landlord and Tenant Board matters.
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- N11 Notice Ontario: What You Agree to When You Sign
- N13 Notice Ontario: What “Renoviction” Actually Requires Under the Law
- N1 Notice Ontario: What Landlords and Tenants Need to Know Before the Rent Goes Up
- N2 Notice Ontario: What Partially Exempt Really Means for Your Rent Increase
- N8 Form Ontario: Notice to End Tenancy for Persistent Late Rent Payment
- N2 Form Ontario: Notice of Rent Increase for Exempt Units Explained
- Can a Landlord Enter Without Notice in Ontario?
- Tenant Rights When Landlord Sells Property in Ontario: What You Need to Know
