N13 Notices: Renovation vs. Demolition vs. Conversion

An N13 (Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use) is one of the most serious notices under Ontario’s Residential Tenancies Act (RTA).

It is also one of the most misunderstood.

Many disputes at the Landlord and Tenant Board (LTB) arise because landlords and tenants do not fully understand the difference between renovation, demolition, and conversion, or the rights and obligations attached to each.


What Is an N13 Notice?

An N13 may be used when a landlord intends to:

  • Demolish the rental unit
  • Convert the unit to a non-residential use
  • Carry out extensive repairs or renovations that require the unit to be vacant

Minor repairs or cosmetic upgrades do not justify an N13 notice.


Renovation (Major Repairs)

Renovation under an N13 applies only where:

  • The work is so extensive that the tenant cannot remain in the unit, and
  • The landlord has obtained the necessary permits

Examples may include:

  • Structural work
  • Major plumbing or electrical replacement
  • Work requiring the unit to be vacant for safety or legal reasons

Key Point for Tenants

Tenants often have a right of first refusal—the right to move back into the unit once the renovations are completed, at the same rent, unless the landlord is exempt.

This right must be exercised in writing within the required time.


Demolition

Demolition means the rental unit will be permanently removed.

Examples include:

  • Tearing down the building
  • Replacing it with a new structure
  • Eliminating the residential unit entirely

Because the unit will no longer exist, tenants do not have a right to return after demolition.


Conversion

Conversion occurs when the rental unit is changed to a non-residential use.

Examples include converting a unit into:

  • Office space
  • Commercial retail space
  • Storage or institutional use

As with demolition, there is no right of return because the unit will no longer be used as a residential rental.


❌ Common Mistake #1: Using an N13 for Cosmetic Renovations

An N13 cannot be used for:

  • Painting
  • Flooring upgrades
  • Kitchen or bathroom updates that do not require vacancy

If a tenant can reasonably remain in the unit while work is completed, an N13 is generally not appropriate.


❌ Common Mistake #2: Confusing N12 and N13 Notices

An N13 is not used for personal use by a landlord or family member.
That situation requires an N12, not an N13.

Using the wrong notice can result in the application being dismissed.


❌ Common Mistake #3: Ignoring Compensation Requirements

Most N13 notices require mandatory compensation, depending on the size of the residential complex.

Compensation is not optional and must be paid in accordance with the RTA. Failure to provide compensation can invalidate the notice.


❌ Common Mistake #4: Assuming the Tenant Must Move Out Immediately

Tenants do not have to move out simply because they receive an N13.

A tenant may:

  • Dispute the notice
  • Require the landlord to prove the scope of work
  • Attend an LTB hearing
  • Raise issues such as lack of permits or bad faith

Only the LTB can order termination of the tenancy.


Evidence and Proof at the LTB

At a hearing, landlords are typically expected to provide:

  • Building permits
  • Contractor plans or scope of work
  • Timelines showing why vacancy is required

The LTB will assess whether the proposed work truly meets the legal threshold for an N13.


Final Thoughts

An N13 notice is not interchangeable with other termination notices. Renovation, demolition, and conversion each carry different rights, obligations, and risks.

When used correctly, an N13 can be lawful and appropriate. When used incorrectly, it often results in dismissed applications, delays, or bad-faith claims.

Both landlords and tenants should fully understand the type of N13 being relied on before taking further steps.