If a tenant is given a notice because of extensive repairs or renovations, the tenant can choose to move back into the rental unit after the repairs or renovations are complete. The rent must be the same as the rent before the tenancy was terminated. Before the tenant moves out, the tenant must inform the landlord in writing of their intent to re-occupy the rental unit. The tenant must also keep the landlord informed in writing of any change in their address. The landlord cannot refuse to allow the tenant to move back into the rental unit if the tenant has provided written notice.
Renovictions
A renoviction is when a landlord evicts a tenant by claiming they will complete major renovations (or demolish the unit or convert it to commercial use).
Landlords sometimes initiate a renoviction by giving tenants a notice to end their tenancy in the form of an N13 notice. Often landlords will simply tell tenants they need to move out because of renovations.
If you get an N13 notice, you do not need to leave. If your landlord tells you they need to renovate your unit, you do not need to move. Tenants do not need to move unless given an eviction order by the Landlord and Tenant Board (LTB).
You can find out more about renovictions and your rights below, but the most important things to know are:
- You don't have to move out unless you receive an eviction order from the LTB after a hearing, and the LTB process can take time. A notice from your landlord is not an eviction order.
- Talk to your neighbours and start organizing as soon as your landlord approaches you about moving out.
- Don’t sign anything (especially an N11 notice) until you’ve contacted your local community legal clinic or spoken to a lawyer or paralegal.
- Although tenants have a right to return without any rent increase following renovations, landlords often violate this right and rent the unit to someone new at a much higher rent.
Landlord Refuses to Allow Tenant to Move Back In
Where the landlord gave a N13 notice to do extensive repairs or renovations to the rental unit, a former tenant can file a T5 application if the tenant gave written notice to the landlord that they intended to move back into the rental unit and the landlord has refused to allow the tenant to do this once the repairs or renovations are completed.
How Will Condominium Conversion Affect Your Tenancy?
Your tenancy is protected at the time of condominium conversion because of certain provisions in the Residential Tenancies Act, 2006. If you are the tenant at the time that the property is converted to condominium, you cannot be forced to move from your home simply because of condominium conversion, or because the unit is being sold (even if it is being sold to someone who hopes to live in the unit). Also, if your unit is being sold, you may have the right to buy the unit before anyone else is permitted to buy it. (This is not the case where the unit is being sold to someone who is purchasing more than one unit of the complex.) The following table sets out and explains the relevant provisions of the Residential Tenancies Act, 2006:
