Because "own use" and renovation grounds let a landlord end a tenancy even when the tenant has done nothing wrong, they can be misused — for example, to remove a tenant paying below-market rent and then re-rent the unit for more. The term "renoviction" describes using a renovation notice as a pretext to get rid of a tenant. Ontario has tightened the rules to discourage this kind of abuse and to compensate tenants.
The compensation requirements
For notices based on the landlord's own use (N12) and on demolition, conversion, or major renovation (N13), the law generally requires the landlord to compensate the tenant — for instance, a set amount of rent — and, in renovation cases where the tenant wishes to return, to offer the unit back after the work is done at a similar rent. These requirements raise the cost and reduce the incentive to use these grounds dishonestly.
Bill 184 and stronger enforcement
The Protecting Tenants and Strengthening Community Housing Act, 2020 (commonly called Bill 184) strengthened these protections. Among other things, it enhanced compensation obligations and gave the LTB power to order penalties where a landlord acts in bad faith — for example, where a landlord evicts a tenant for "own use" but does not actually move in, or terminates for renovations and then simply re-rents at a higher price. A tenant who was removed in bad faith may be able to seek remedies, which can include compensation.
How tenants can respond
A tenant who receives an N12 or N13 and suspects it is not genuine can raise the issue at the LTB. Evidence matters: for example, a unit advertised for rent at a higher price shortly after a supposed "own use" eviction, or renovations that plainly did not require the tenant to leave, can support a bad-faith claim. The LTB weighs whether the landlord's stated intention was genuine.
Guidance for both sides
- Landlords should use these notices only where the intention is genuine, provide the required compensation, and keep records supporting the stated ground.
- Tenants should not assume such a notice is automatically valid; they can require the landlord to prove a genuine intention at the LTB.
- Both sides should be aware that bad-faith conduct can lead to penalties and compensation orders.
General information only, not legal advice. The compensation and bad-faith rules are detailed and depend on the specific ground and facts.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.