LEGAL RIGHTS BULLETIN: Confronting “renovition”

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Dana’s landlord gave her a letter saying she had to move out because he wanted to do some renovations and maybe sell the house. Dana has lived there for four years and doesn’t want to leave. What can she do?

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Dana doesn’t have to leave the house if the landlord has given her a letter or verbally told her to leave.

If the landlord wishes to demolish the rental unit, make major renovations or repairs, or convert it to another use, they must serve Dana with an N13 notice to end their tenancy. These are the only three reasons an N13 notice can be served on a tenant.

The landlord must give the tenant at least 120 days notice of terminating the tenancy.

If a tenant receives an N13 notice, the tenant may end the tenancy at an earlier date by giving the landlord at least 10 days written notice.

The N13 notice is not an eviction order. To get an eviction order, the landlord must file an L2 application (called an Application to End a Tenancy and Evict a Tenant) with the landlord and the Tenants Board (LTB).

Dana does not have to move before the termination date on the N13 notice if she wishes to attend a hearing on the matter.

If the landlord files an L2 petition, Dana will receive a Notice of Hearing from the LTB.

Dana cannot be evicted without a hearing being held, with the CLI ordering an eviction and the landlord executing the eviction through the sheriff.

A sheriff is the only person in Ontario who can enforce an eviction order.

If the owner wants to demolish the unit, he must obtain the appropriate permits from the municipality and show them at the LTB hearing.

If the landlord wishes to carry out major renovations or repairs, the work must be so extensive that he must obtain a building permit and the dwelling must be vacant to carry out the work. The owner will have to prove to the court that he has obtained, will obtain or is not required to obtain the necessary permits at a hearing.

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Once the repairs have been completed, the tenant has the right to reoccupy the dwelling. The landlord cannot increase the rent when the tenant moves back in unless he makes a special request to the CLI.

The tenant may also be offered alternative rental accommodation they deem acceptable or compensation for interference with the tenancy.

If the owner wants to convert the unit to another use, he must in most cases obtain the appropriate permits from the municipality.

N13 notices can be very complicated and the amount of compensation due to the tenant can vary depending on the situation.

Sometimes landlords use N13 notices to unfairly evict tenants by stating that they intend to do renovations; hence the term “renovitions”.

If you need help with Landlord and Tenant Board questions, contact CKLC for advice.

Jeff Wilkins, CKLC Certified Paralegal (www.cklc.ca, 519-351-6771)

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