Ontario Landlord Guide › If my tenant wants to move back in after an N13 renovation, what do I have to do?

If my tenant wants to move back in after an N13 renovation, what do I have to do?

Last updated October 23, 2026 · Written for small Ontario landlords

Short answer: If the tenant tells you in writing, on or after September 21, 2026, that they want to move back in after the repairs or renovations, you must tell them in writing the estimated date the work will be finished, tell them without delay if that date changes, tell them in writing when the unit is ready, and give them 60 days' notice to move back in. Their rent can be no more than you could have lawfully charged without the interruption.

Official source: Tribunals Ontario: Legislative changes at the LTB effective September 21, 2026 · Last checked Oct 2026

Who this applies to

It applies when you give an N13 because you need the unit empty for extensive repairs or renovations (Reason 2 on the form). Before the tenant moves out, they must tell you in writing that they intend to move back in, and they must keep you informed in writing of any change in their address. N13s for demolition or converting the unit to another use don't come with this right to move back.

Your four duties once the tenant says they're coming back

Estimated completion date. Tell the tenant in writing, without delay, when you expect the work to be finished.
Changes to that date. If the estimated date changes, tell the tenant without delay.
Unit ready. Tell the tenant in writing when the work is done and the unit is ready to live in.
60 days to move back. If the work is completed on or after September 21, 2026, give the tenant 60 days' notice to reoccupy the unit.

What happens if you skip a step

The tenant can apply to the LTB with a T5 (Landlord Gave Notice of Termination in Bad Faith). Since September 21, 2026, if you didn't give the required information about when the unit would be ready, or didn't give the tenant 60 days to move in, the LTB presumes you failed to give the tenant their right of first refusal. You can try to rebut that presumption at the T5 hearing, but you start behind. The deadline for the tenant's T5 is now the later of two years after they moved out or six months after the renovations are finished.

The N13 basics, from the LTB instructions

Notice period. The termination date must be at least 120 days after you give the notice, and on the last day of a rental period (or of the fixed term). Don't count the day you give it. Add 1 business day for courier and 5 days for mail. You can't post it on the door.
The LTB's own example. For a monthly tenancy ending August 31, the latest you could hand over the N13 is May 3, or April 28 if you mail it.
Compensation if the tenant is moving back. In a building with fewer than five units, one month's rent or the rent for the time the unit is under repair, whichever is less. With five or more units, three months' rent or the rent for the repair period, whichever is less. Or offer another unit the tenant accepts. Pay it on or before the termination date.
Permits. The LTB won't order an eviction unless you've got the permits the work needs, or shown you took all reasonable steps to get them if they can't be issued until the unit is empty. Some municipalities also require a renovation licence.
Filing. You can file an L2 right after giving the N13, with a copy of the N13 and a Certificate of Service, and no later than 30 days after the termination date.
Use the current form. The N13, L2 and T5 are among the ten LTB forms replaced on September 21, 2026, and old versions are not accepted as of November 30, 2026.

A simple way to stay covered

Keep a dated copy of every written update you send the tenant (the estimated date, any change, the "unit is ready" letter and the 60-day notice) and how you delivered it. If the tenant files a T5, that paper trail is what lets you answer the presumption. The $19 toolkit includes an LTB evidence pack for organizing exactly this kind of record, and the free September 2026 changes checklist lists this rule next to the other September changes.

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 23, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.