When can a landlord end a tenancy to renovate?
Only when the work needs the unit empty. Section 50 of the Residential Tenancies Act lets a landlord give notice if the landlord requires possession of the rental unit in order to do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit
. (Residential Tenancies Act, s. 50 (1)) The same section covers demolishing the unit or converting it to another use. The notice period is firm: The date for termination specified in the notice shall be at least 120 days after the notice is given
. (Residential Tenancies Act, s. 50 (2))
The form is the N13. The Landlord and Tenant Board says the notice must be accompanied by a report prepared by a person with the necessary qualifications that states the repairs or renovations are so extensive that they require vacant possession of the unit
, and that without it the notice will be made void
. (Landlord and Tenant Board, How a Landlord Can End a Tenancy, updated September 21, 2026)
What does the tenant get?
A right to move back, and compensation. The table gives the words of the Act for each.
| The tenant gets | The Act says | Section |
|---|---|---|
| A right of first refusal | A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed. | s. 53 (1) |
| A way to claim it | A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit. | s. 53 (2) |
| The same rent on return | A tenant who exercises a right of first refusal may reoccupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant's tenancy. | s. 53 (3) |
| Time to take the unit back | the landlord shall give the tenant at least 60 days after the day the rental unit is ready for occupancy to exercise the right of first refusal to occupy the unit | s. 53 (2.2) |
| Compensation, five or more units, no right claimed | an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant | s. 54 (1) |
| Compensation, five or more units, right claimed | an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation | s. 54 (2) |
| Compensation, fewer than five units | one month's rentor another acceptable unit when no right is claimed, and an amount equal to the rent for the lesser of one month and the period the unit is under repair or renovationwhen it is | s. 54 (3) and (4) |
| Payment on time | no later than on the termination date specified in the notice of termination of the tenancy | s. 55.1 |
The compensation rules apply when the repair or renovation was not ordered to be carried out under the authority of this or any other Act
. (Residential Tenancies Act, s. 54 (1)) Since September 21, 2026 the landlord must also keep the tenant informed in writing of the ready date: If the tenant provides written notice on or after September 21, 2026, that they intend to move back into the rental unit once the work is completed
, the landlord must Notify the tenant in writing of the estimated date the renovations or repairs will be finished, without delay
. (Landlord and Tenant Board, operational update, September 21, 2026)
What if the work is a demolition or a conversion?
Section 52 is the one for that, not renovation. It says a landlord shall compensate a tenant an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant
when the tenant receives notice for the purposes of demolition or conversion to non-residential use
and the building has at least five units. (Residential Tenancies Act, s. 52 (1))
What does the City of Hamilton add?
A licence, before the work starts. The City's page says: Renovation Licence and Relocation By-law 24-055 came into effect on January 1, 2025.
A licence is needed when both apply: A landlord serves an N13 eviction notice
and The tenant must move out to allow for extensive repairs or renovations
. The deadline is Landlords must apply for a Renovation Licence within seven (7) days of serving the N13 eviction notice.
And: Renovation work cannot begin until all City requirements are met and a licence is issued.
(City of Hamilton, Renovation Licence and Relocation By-law, date modified October 30, 2026)
The same page lists what the landlord brings: A valid building permit
and A Qualified Person Letter
, from A Professional Engineer in good standing
or An Architect in good standing
. For the tenant it says: Temporary housing must be comparable to your original unit in cost, location, and size.
If that is not possible: Rent gap payments apply when comparable housing at the same rent is not available.
Moving costs are covered too, and the City's page has the current amounts. Landlords must also provide tenants with the Tenant Rights and Entitlement Package
.
The City warns: Non-compliance with the Renovation Licence and Relocation By-law may result in administrative penalties, fines, or other orders.
It also says: The City of Hamilton does not issue or enforce N13 eviction notices.
Those stay with the Board. (City of Hamilton, same page) The by-law is Hamilton's. For a property in another town we serve, check that town's own website.
Can the work be done with the tenant still living there?
Often, and that avoids the N13. A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry
for this reason: To carry out a repair or replacement or do work in the rental unit.
(Residential Tenancies Act, s. 27 (1)) The notice shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.
(Residential Tenancies Act, s. 27 (3))
Read plainly, the N13 reason in section 50 is for work that requires vacant possession, so work done around the tenant with proper notice is a different path. Our guide to entering a rental unit for repairs has the full notice rules. Reborn Renos does repairs and painting in occupied units: see income property maintenance.
What does this mean for the owner's job?
Decide first whether the work truly needs the unit empty. If it does, the N13 route, the tenant's rights and the Hamilton licence come before the first day on site. Reborn Renos does apartment and commercial renovations, and turnovers once a unit is empty. For repeat work across a building, see service agreements.
Is this legal advice?
No. This is a plain summary, not legal advice. The linked law is what counts. The Act and the Board's and City's pages were read on 1 November 2026. Tenant rules in this area changed in September 2026, so check the Board's current forms before you serve a notice.
How do I book the work?
Reborn Renos is insured and covered by WSIB. We work in Beamsville, Lincoln, Grimsby, Stoney Creek, Hamilton, St. Catharines, Thorold and Niagara Falls. Call (905) 920-1418, Monday to Saturday, 7 am to 7 pm, or send the units and the work on the request page.