3. 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. This is sometimes called the “right of first refusal”.

To have this right of first refusal, 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. It's a good idea to send these documents by registered mail. You should keep the mail receipt and a copy of the documents for yourself. This will help if you need to prove that you did it.

You do not pay rent to your landlord while you are away. You only need to start paying them rent again when you move back in after the work is done.

And if you choose to move back in, your landlord cannot charge you a higher rent than they could if you had stayed.

Write a letter to move back in after major work to a rental unit

CLEO

Use this tool to write a letter to your landlord saying you want to move back when repairs or renovations are done

If your landlord does not let you back in

Sometimes landlords don't respect your right to move back in. They might decide to rent the place to someone else, usually at a much higher rent.

If your landlord does not let you back in, you might be able to get compensation by applying to the Landlord and Tenant Board (LTB). You can apply to the LTB using a Form T5: Landlord Gave a Notice of Termination in Bad Faith. You must apply within two years after the day you moved out.

The LTB can order the landlord to pay:

• your moving costs
• a fine to the government
• a rent abatement, which means your landlord gives you back some of the rent you paid
• money equal to no more than your previous 12 months' rent, for the pain and suffering of being forced out of your home unlawfully

If the rent is higher at your new place, the LTB can also order the landlord to pay the difference in rent for up to one year.

And if the place has not yet been rented to someone else, the LTB can order your landlord to let you move back in.

Trying to keep your place

If a new tenant has already moved in, the LTB probably won't order the landlord to let you back into your place. So if keeping your place is important to you, it's best to make sure the landlord doesn't rent it to someone else.

This can be hard to do. But there are some things you can try:

• You could go back to the place often to see how far along the renovations are.
• Look for any signs that your landlord is planning to rent your place to someone else.
• You can ask your neighbours to let you know if they notice anything. For example, they might see a For Rent sign, or they might see the landlord showing the unit.
• You can also check to see if your place is being advertised for rent. You might have to check in different places, including online sites like Facebook Marketplace, Kijiji, AirBnB, and others.

If you find evidence that the landlord might be planning to rent your place to someone else, you need to act quickly to stop them from getting a new tenant.

You should try to get legal help.