Know Your Rights

This page has information for tenants about their rights and how they can fight back against renovictions, above guideline rent increases (AGIs), and landlord’s own use evictions. It also includes examples of tenants in Toronto who have organized to fight evictions and AGIs.

Renovictions

A renoviction is when a landlord evicts a tenant by claiming they will complete major renovations (or demolish the unit or convert it to commercial use).

Landlords sometimes initiate a renoviction by giving tenants a notice to end their tenancy in the form of an N13 notice. Often landlords will simply tell tenants they need to move out because of renovations.

If you get an N13 notice, you do not need to leave. If your landlord tells you they need to renovate your unit, you do not need to move. Tenants do not need to move unless given an eviction order by the Landlord and Tenant Board (LTB).

You can find out more about renovictions and your rights below, but the most important things to know are:

You don't have to move out unless you receive an eviction order from the LTB after a hearing, and the LTB process can take time. A notice from your landlord is not an eviction order.
Talk to your neighbours and start organizing as soon as your landlord approaches you about moving out.
Don’t sign anything (especially an N11 notice) until you’ve contacted your local community legal clinic or spoken to a lawyer or paralegal.
Although tenants have a right to return without any rent increase following renovations, landlords often violate this right and rent the unit to someone new at a much higher rent.

Tenants can fight renoviction and tenants in Toronto have been successful fighting to keep their homes. Here are some examples of tenants organizing to fight back against renoviction and stay in their homes:

Learning more about your landlord can help you fight to stay in your home. Find out how to research your landlord in this guide by Keep Your Rent Hamilton.

Your landlord needs a building permit from the City of Toronto if they want to do renovations that require you to vacate. You can see if a permit has been issued for your building by entering your address here. If your landlord hasn't at least applied for a permit or if the work listed in the permit doesn’t require you to vacate, the LTB won't approve your landlord's application to evict you.

Learn more about renovictions and your rights in our short guide.

For legal assistance or advice, you can contact your local community legal clinic.

Above Guideline Increases

In rent-controlled buildings, landlords are only able to raise the rent of existing tenants by a certain amount each year: the guideline increase set by the LTB. However, landlords can apply for an above guideline increase (AGI) if they incur costs related to eligible capital expenditures or security. As a part of landlord-friendly laws, AGIs allow landlords to transfer the costs of certain work and repairs onto tenants, regardless of their existing profits. An additional rent increase of up to 3% per year for 1-3 years may seem minor, but AGIs can result in tenants paying $10,000s more in rent over the course of their tenancies.

If your landlord applies for an AGI you'll get an N1 notifying you of this at least 90 days before the proposed rent increase and the LTB will schedule a hearing for all the tenants in your building facing the AGI.

Tenants can fight AGIs and tenants in Toronto have been successful fighting AGI applications filed by their landlords. If you want to fight an AGI, talk to your neighbours and start organizing as soon as possible.

Here are some examples of tenants organizing to fight AGIs:

Our Guide to Fighting an AGI can help you better understand the legal process related to AGIs and how tenants can fight an AGI. To learn more about AGIs, see our recent report here. Learn how to research your landlord here.

Own Use Evictions

An own use eviction is when a landlord evicts a tenant by claiming they, a family member, a caregiver, or someone buying the building or condo want to move into the unit.

Landlords sometimes initiate an own use eviction by giving tenants a notice to end their tenancy in the form of an N12 notice. Often landlords will simply tell tenants they need to move out.

If you get an N12 notice, you do not need to leave. If your landlord tells you they or a purchaser want to move into your unit, you do not need to move. Tenants do not need to move unless given an eviction order by the Landlord and Tenant Board (LTB).

You can find more information about own use evictions and your rights from Steps to Justice (see here for information specific to purchaser's use). The most important things to know are:

You don't have to move out unless you receive an eviction order from the LTB after a hearing, and the LTB process can take time. A notice from your landlord is not an eviction order.
Talk to your neighbours and start organizing as soon as your landlord approaches you about moving out.
At a hearing, your landlord must prove that the person specified on the notice intends to move into the unit. You’ll also have the opportunity to argue that they have somewhere else to live, like another property they own or a vacant unit in your building.
Landlords often issue N12 notices that are defective or in bad faith. An N12 notice is invalid if your landlord is a numbered company or other corporation. If your landlord issues the notice for purchaser’s own use, they must have in place an agreement to sell the property. Signs that a notice may be in bad faith include: multiple tenants in the same building getting N12s at the same time, your landlord having a history of giving tenants N12 notices, your landlord trying to get you to also sign an N11, or an N12 issued after your landlord attempted to informally evict you or raise rent significantly.

Tenants can fight back against own use evictions, and tenants have had success doing so.

Check out our tracker to see if someone has reported your landlord for doing this before. Note that in some cases the landlord listed in the tracker will have issued an N12 for a purchaser. Talk to your neighbours about your landlord to find out if they have issued N12 notices before. You can also learn how to research your landlord here.

For legal assistance or advice, you can contact your local community legal clinic.

Note: We strive to provide information that’s accurate, but the above, as well as other information and guides on this site, does not constitute legal advice. For legal advice, speak with a paralegal or lawyer.