Renovations – Ontario housing law basics

It’s common for tenants to be concerned about their landlord entering their unit, especially during the pandemic. Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.

To enter your unit, a landlord must provide you with:

• 24 hours’ notice in advance of entering your unit
• the time they plan to enter
• the reason why they are entering

The Ontario government has asked that landlords take additional safety measures when entering a unit by limiting their notices of entry, working collaboratively with tenants, and following public health guidelines. Landlords are still able to issue notices of entry and they will expect to be able to enter the unit.

If you have concerns about your landlord and contractors entering your unit for renovations, you can:

• Speak with your landlord about your concerns

• Ask that they take extra measures such as:
  • using personal protective equipment
  • providing you with additional hours or days of advance notice to allow more time for you to prepare or leave the unit during the time the landlord is present

• Write a letter to your landlord to address your concerns

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com

Generally, landlords are permitted to enter a tenant’s unit if they provide a minimum of 24 hours of notice in advance, and if they provide a valid reason.

The previous Emergency Orders and the different pandemic re-opening phases do not contain any rules or restrictions that prevent landlords from entering a tenant’s unit.

The Ontario government has asked that landlords and tenants act with patience and understanding and follow public health guidelines. The government has also encouraged landlords to limit their notices to enter, but there have been no changes to the law surrounding landlords entering a unit. Landlords are still able to issue notices of entry and they will expect to be able to enter a tenant’s unit.

More information is available on the Ontario government’s COVID-19 page:

• Entering a rental unit and physical distancing

If you have a disability-related concern with your landlord entering your unit, we recommend that you:

• Contact your landlord and ask about the health and safety precautions that will be taken when they enter your unit

• Write a letter to your landlord requesting an accommodation for your disability

If your landlord refuses to take any health or safety precautions in line with public health guidelines, you may:

• File a complaint with the Rental Housing Enforcement Unit
  • Call: 1-888-772-9277 OR 416-585-7214
  • Provide them with the following information:
    • your name and contact information
    • your landlord’s name and contact information
    • details of the complaint, for example the date and what happened
    • supporting documentation, for example notice of entry or relevant emails

If you would like to refuse your landlord entry to your unit, we recommend that you:

• Contact your local legal aid clinic

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com

It can be frustrating and inconvenient when your landlord decides to renovate your unit when you do not think changes need to be made.

Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.

To enter your unit, a landlord must provide you with:

• 24 hours’ notice in advance of entering your unit
• the time they plan to enter
• the reason why they are entering

As a tenant, your landlord is not permitted to substantially interfere with your right to the “reasonable enjoyment” of your unit.

If your landlord performs extensive renovations, they may be interfering with your right, and they will be expected to:

• Only interfere if the renovations are necessary for the safety and security of the unit or building
• Provide you with 60 days of notice before the work begins
• Inform you about what renovation work will be done, how long the work will last, and how it will impact you
• Keep you updated about any changes to the work details that were included in the original notice
• Perform work only during the permitted hours under the by-laws in your municipality
• Take reasonable steps to minimize any noise associated with the work

If your landlord did not do all of the above, and the renovations have interfered with your reasonable enjoyment of the unit, you can:

• File a T2 Application with the Landlord and Tenant Board for a rent abatement (a return of rent money that has already been paid to your landlord)

• Find out more about your rights as a tenant living in a unit that is undergoing renovations

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com

Sometimes a landlord will claim they need to renovate a unit, and use it as a reason to evict existing tenants. This is called an eviction in “bad faith,” and is colloquially referred to as a “renoviction.”

Tenants facing a renoviction often receive an N13 notice from their landlords, which is the proper legal process created by the Landlord and Tenant Board to terminate a tenancy for the purpose of carrying out renovations. However, some landlords only provide tenants with notice verbally, by text or by email. This is not the legal process to terminate a tenancy.

If your landlord wants you to move out to renovate your unit, they cannot evict you without going through the proper legal process at the Landlord and Tenant Board.

If your landlord wants to terminate your tenancy to renovate your unit, they must:

• Serve you with an N13 notice that provides 120 days notice to terminate your tenancy
• Depending on your situation, they may also need to compensate you with up to three months’ rent

If you are facing eviction due to renovations or repairs:

• Find out more from CLEO’s guide

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com