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Renovictions and Bad-Faith Evictions in Canada

By Recording Law Editorial Team9 min read
Renovictions and Bad-Faith Evictions in Canada

Frequently Asked Questions

What is a renoviction?

A renoviction is when a landlord ends a tenancy by claiming that a renovation, repair, conversion or demolition requires the unit to be vacant, sometimes as a way to re-rent the unit at a higher price once the tenant leaves. It is not a term used in the statutes themselves, but both Ontario and British Columbia have added rules aimed specifically at this pattern.

How much notice does a landlord have to give for a renovation eviction in Ontario?

At least 120 days under an N13 notice, with the termination date falling on the last day of a rental period or lease term. Mobile home parks and land lease communities require one year of notice instead.

How much notice is required for a renovation eviction in British Columbia?

Four months, once the Residential Tenancy Branch grants an order ending the tenancy. The landlord must already hold the required permits and apply through the RTB's dispute resolution process before that four-month period starts.

Can I move back into my unit after the renovation is finished?

In Ontario, tenants displaced by an N13 generally have a right of first refusal to return at the same rent if they give the landlord written notice before moving out. In British Columbia, the same kind of right applies in buildings with five or more rental units, exercised using RTB Form 28.

What happens if the landlord does not actually complete the renovation or re-rents the unit instead?

In Ontario, a tenant can file Form T5 asking the Landlord and Tenant Board to find the original notice was given in bad faith, which can result in an order for rent-difference compensation, moving costs, and up to 12 months' rent. In British Columbia, a landlord who does not accomplish the stated renovation within a reasonable time after the order must pay an additional 12 months' rent under section 51.4(4) of the Residential Tenancy Act, unless the arbitrator excuses this for extenuating circumstances.

Sources and References

  1. Residential Tenancies Act, 2006, SO 2006, c 17, s 50 (Ontario: notice of termination for repairs/renovation requiring a building permit and vacant possession)(canlii.org)
  2. Tribunals Ontario (Landlord and Tenant Board) - Brochure: How a Landlord Can End a Tenancy (N13 notice period, right of first refusal, compensation)(tribunalsontario.ca).gov
  3. Tribunals Ontario (Landlord and Tenant Board) - Form T5 Instructions: Landlord Gave a Notice of Termination in Bad Faith(tribunalsontario.ca).gov
  4. City of Toronto - Rental Renovation Licence Bylaw: Information for Landlords(toronto.ca).gov
  5. Residential Tenancy Act, SBC 2002, c 78, ss 49.2, 51.4 (British Columbia: renovation eviction application, permit and good-faith requirements, base and additional 12-month bad-faith compensation)(bclaws.gov.bc.ca).gov
  6. Government of British Columbia - Renovictions: permit requirements, dispute resolution application, right of first refusal for 5+ unit buildings(gov.bc.ca).gov
  7. Government of British Columbia - Types of evictions (notice periods and compensation across grounds, including renovation/demolition)(gov.bc.ca).gov
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