Landlord Requires a Tenant to Move for Renovations/ Demolition – What is the Next Step

Author: JNR Legal Services Professional Corporation | | Categories: CPP Disability Application , Human Rights , Landlord and Tenant Board , Landlord Tenant Paralegal , Licence Appeal Tribunal , Motor Vehicle Accident , Paralegal Services , Short Term Disability , Small Claims Court , Small Claims Court Paralegal , Wrongful Dismissal

If a landlord requires vacant possession of a property in order to do renovations, conversion or demolition, he is required to serve on the tenant an N13.

An N13 is served in the following circumstances:

  • Reason 1: The landlord intends to demolish the rental unit

  • Reason 2: The landlord intends to do renovations that are so extensive that he requires a building permit and a vacant premises

  • Reason 3: The landlord intents to convert the rental unit to non-residential use

In all of the above-noted circumstances, the landlord is required to give the tenant 120 days notice.

What about compensation: For reasons 1 and 3, the landlord is required to give the tenant 3 months rental compensation. If notice is given for reason 2, and the tenant does not intend to re-occupy the unit after the completion of the renovations, then the landlord is required to give the tenant 3 months rental compensation.

In all of the above circumstances, the landlord may offer the tenant another rental unit that is acceptable to the tenant.

Reoccupying the Unit: If notice is given for Reason 2, the tenant has a right to reoccupy the unit the at the same rental amount, once renovations have been completed. However, a landlord may apply to the Board for an above-guideline increase.

In order for the tenant to re-occupy the unit, the tenant must advise the landlord of this in writing and provide the landlord with their contact information so that the landlord may advise the tenant once the renovations have been completed.

Challenging the Notice: A tenant has a right to challenge the notice and the landlord will be required to file an application for eviction with the Landlord and Tenant Board “Board”. A tenant is not required to move out until a landlord has obtained an Order terminating tenancy.

*How can a landlord successful obtain an eviction order based on an N13 notice? *

  1. Service a proper N13 notice, with the days calculated properly (a calculation error in days will result in the application being dismissed.)

  2. For Reason 2: Provide a detail listing of all the work that needs to be done in the unit

  3. Obtain all required permits (this is a lengthy process so start this step before you serve the notice)

  4. Provide the tenant with their rental compensation

  5. For Reason 2: Be prepared to call your contractor to provide evidence as to why vacant possession is needed and to give the Board a clear understanding of how extensive the work that needs to be done

  6. Have pictures and videos as an aid to show the Board

Note: A lengthy process before the Board can be avoided in most cases, if the landlord negotiates with the tenant and offers more than 3 months rental compensation and more than 120 days notice. If a landlord and a tenant can come to an agreement on the increased rental compensation and increased notice period, the agreement should be in writing and both parties should sign an N11.