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Can my landlord make me move out for repairs or renovations?

Question
Can my landlord make me move out for repairs or renovations?

Next steps

Challenge the notice
Move out by giving 10 days' notice
Protect your right to move back in later
Get paid compensation for having to move out

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Learn more about this topic
Fighting an eviction
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Important information about your hearing
Landlord and Tenant Board (LTB)
Maintenance and repairs
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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Can my landlord make me move out for repairs or renovations?
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Reviewed: 
August 31, 2017
Answer

Some work that requires a building permit cannot be done while people are living there. If your landlord says you have to move out for this reason, they must give you at least 120 days' notice in writing. The notice should be on a Form N13 from the Landlord and Tenant Board.

If you get this kind of notice, you have a few options. You may be able to:

  • challenge the notice if you think there is something wrong with it or that what it says isn't true
  • move out by giving as little as 10 days' notice
  • protect your right to move back in when the work is complete
  • have your landlord pay you compensation or offer you another unit
NEXT STEP - Challenge the notice SEE NEXT STEPS
Question
Can my landlord make me move out for repairs or renovations?

Next steps

Challenge the notice
Move out by giving 10 days' notice
Protect your right to move back in later
Get paid compensation for having to move out

Challenge the notice

When your landlord gives you an eviction notice for any reason, this does not necessarily mean you will have to move out. If you think you have a good reason, you might decide to fight the notice.

Some reasons you might want to challenge this kind of notice are:

  • You do not believe your landlord is really going to do the work they say they are planning.
  • The work can be done without you moving out.
  • Your landlord won't be able to get a building permit.
  • The work your landlord wants to do does not require a building permit.

You can also challenge the notice if the notice is not valid. For example, if the notice was given to you less than 120 days before the date you are supposed to move, or if it does not give all the information required by the Form N13, then the notice is not valid.

If you do not move, the landlord must then apply to the Landlord and Tenant Board for an eviction order. They will have to prove that they have followed the law and that they have a legal reason to make you move out.

You have the right to challenge the eviction notice at a hearing before a member of the Board and tell the member why you think you should not be evicted.

You May Also Need
Important information about your hearing
Landlord and Tenant Board (LTB)
Reviewed: 
August 2017

Move out by giving 10 days' notice

If you decide you want to move out either permanently or just until the work is finished, you don't have to wait until the termination date in the notice your landlord gave you.

After your landlord gives you a Form N13 you can end your tenancy and move out on any date, by giving 10 days' written notice to your landlord.

You May Also Need
Form N9 – Tenant's Notice to End the Tenancy
Landlord and Tenant Board (LTB)
Reviewed: 
August 2017

Protect your right to move back in later

If you decide to move out, you have the right to move back into your unit once the work is finished.

You must tell the landlord in writing before you move out that you want to move back in when the work is done. You must also give your landlord your new address in writing and any change of address after that.

When you move back in, your landlord cannot charge you more rent than they could if you had not moved out.

Reviewed: 
August 2017

Get paid compensation for having to move out

If the building has 5 residential units or more, your landlord must pay you money because they are making you move out. They must give you the money no later than the termination date on the Form N3.

If you told your landlord in writing that you want to move back in when the work is finished, then they must pay you an amount equal to the rent for the time it takes to do the work, up to a maximum of 3 months' rent.

If you did not tell your landlord you want to move back in, they must pay you 3 months' rent or offer you another unit that is acceptable to you.

But if your landlord was legally ordered to do the work, for example by the city or by the Landlord and Tenant Board, then they do not have to pay you or offer you another unit.

Reviewed: 
August 2017

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