FAQs

Renoviction is a commonly used term describing situations where a landlord evicts a tenant to complete renovations and then re-rents the unit at a higher rate, without meeting the legal obligation to allow the original tenant to return. These cases often raise concerns that the landlord may be acting in bad faith and using the renovation as a pretext for an unlawful termination of the tenancy.

However, not all such evictions involve bad faith. Rental properties may genuinely require significant repairs or upgrades after many years of use, and in some cases, completing these legitimate renovations may necessitate the temporary vacancy of the unit.

An unlawful renoviction occurs when a landlord evict tenants to complete renovations and fails to follow the N13 process under the Residential Tenancies Act (RTA). Landlords and tenants may be unclear or unaware that landlords must follow the N13 process under the Residential Tenancies Act of Ontario and have a building permit issued from the Municipality if they require the unit to be vacated.

The Residential Tenancies Act (RTA) is an Ontario law that sets out the rights and responsibilities of landlords and tenants who rent residential properties in Ontario. The RTA provides protection for residential tenants from unlawful rent increases and unlawful evictions.

The RTA regulates the relationship between landlords and tenants, including when and how evictions from rental units can occur. The legislation authorizes evictions in situations where landlords need to make repairs to rental units and the scope of work to be done may require a building permit and requires the unit to be vacated. In all cases, evictions must follow legislated process, including a requirement for the landlord to provide a notice of termination of tenancy to the tenant, referred to as an N13 Notice, where termination of tenancy is for renovations or repairs.  When an N13 notice is issued by a landlord, tenants have legislated rights.  Refer to Tribunals Ontario – Landlord and Tenant Board - Eviction for Personal Use, Demolition, Repairs and Conversion.

An N13 is a standard form titled Notice to End Your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use. It is a legal notice provided by a landlord to their tenant when they: 

(1) intend to demolish the rental unit or complex or 

(2) require that the rental unit be vacant in order to do extensive repairs or renovations. 

Refer to Landlord and Tenant Board website: Resolve a Dispute with a Landlord or Tenant, and/or End a Tenancy

If a tenant receives an N13 Form from the landlord, under the Residential Tenancies Act of Ontario, they may secure a Right of First Refusal. A tenant being evicted due to planned renovations by their landlord has the legal right to move back into their unit once the work is completed, provided the tenant delivers a written notice to the landlord before leaving, indicating that they wish to reoccupy the space.

Council directed administration to consult with tenant advocacy groups, landlord representatives, housing experts, and municipalities that have already implemented a by-law relating to renovictions, as part of the development of a proposed by-law for Chatham-Kent.

The Municipality aims to protect tenants from unlawful renovictions and ensure that their rights during the N13 process are protected as well as working to maintain affordable housing options in Chatham-Kent.

The by-law will likely apply to all rental properties in Chatham-Kent. However, certain exemptions may be identified following the information-gathering phase.  

Other jurisdictions in Ontario utilize municipal By-Law Officers to complete inspections and enforce renoviction regulations. The Municipality of Chatham-Kent is considering a similar approach, but the specifics will be determined once a by-law is formally approved.

The by-law will support landlords through the N13 notice process by establishing clear requirements for renovations, ensuring landlords can renovate their properties while respecting tenants' legal rights.

This by-law is to assist tenants in understanding their rights under the Residential Tenancies Act (RTA). Tenants have the right to return to their renovated units at the same rent or as otherwise permitted under the RTA.

If you think you may be facing a renoviction, consider taking the following steps:

1. Speak with your landlord to review the requirements under the Residential Tenancies Act (RTA) and determine whether they apply to your situation. This includes confirming whether the landlord has obtained a Building Permit.
2. Consult the Landlord and Tenant Board website at the following link: tribunalsontario.ca/ltb/ 
3. Consider seeking legal advice as you plan your next steps. The Chatham-Kent Legal Clinic at 519‑351‑6771 provides advice and assistance to tenants.