FAQs

‘Renoviction’ is a commonly used term to describe a situation wherein a landlord evicts a tenant in bad faith under the guise of completing renovations, and then re-rents the unit to another tenant at a higher rate, without meeting their obligations under the Residential Tenancies Act. 

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

The Residential Tenancies Act (RTA) is an Ontario law respecting 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 permits evictions in situations where landlords need to make repairs to rental units requiring vacant possession.

All evictions must be completed in accordance with the provisions of the RTA, including notice to the tenant (N13 Notice).

When a tenant receives an N13 Notice from a landlord, they too have legislated rights. Tenants can consult the RTA or refer to Tribunals Ontario – Landlord and Tenant Board - Eviction for Personal Use, Demolition, Repairs and Conversion. City Staff cannot provide legal advice to tenants if/when they believe they have been improperly evicted from a rental unit.

If a tenant receives an N13 Form from the landlord, under the Residential Tenancies Actof 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 City Staff to commence with public engagement, including relevant stakeholders as part of the development of a proposed Renoviction by-law.

The municipality is gathering information to determine what it can do to support those affected by Renovictions and ensure all parties are adhering to the requirements of the RTA.

Yes, however there may be an exemption process identified within the by-law following the information-gathering phase.

Enforcement mechanisms will be evaluated following the information-gathering process. Other municipalities have implemented inspections carried out by By-Law Officers or the Chief Building Official and due diligence requirements, but the specific enforcement mechanism will be determined once the by-law is approved.

The aim of the by-law is to 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.

Three municipalities, including Hamilton, London, and Toronto, have implemented renoviction-related By-laws to date which can be accessed below:

• Hamilton         
• London (See Schedule 23)
• Toronto

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.