Understanding Renovictions: Renovictions occur when landlords misuse renovation claims to displace tenants, a growing issue in Ontario’s rental market.
Legal Protections Under the RTA: The RTA provides safeguards against bad-faith evictions, including notice requirements and tenant rights to challenge evictions.
Hamilton’s Leadership: Hamilton’s Renovation Licence and Relocation By-law enhances tenant protections by introducing municipal oversight and stricter enforcement measures.
In recent years, a new term has entered the Canadian housing lexicon: "renoviction”, a blend of renovation and eviction. Renoviction occurs when a landlord illegitimately evicts a tenant by claiming that the property needs to be vacant for extensive renovations. It is an eviction done in bad-faith.
While Ontario’s Residential Tenancies Act (RTA) provides safeguards, challenges in enforcement have driven Hamilton to introduce Ontario’s first Renovation Licence and Relocation By-law. This article explores the renoviction phenomenon, the legal framework under the RTA, and how Hamilton's bylaw strengthens protections for tenants.
Renovictions refers to situations where tenants are evicted under the guise of major renovations, often as a means for landlords to increase rents or attract new tenants.
Legitimate renovations sometimes require tenants to vacate.These legitimate renovation-based evictions exist under Ontario's Residential Tenancy Act (RTA). The term ‘renovictions’ specifically refers to the abuse of this process.
Under Ontario’s Residential Tenancies Act (RTA), landlords may evict tenants if the unit needs major repairs or renovations that cannot be completed while it is occupied. Read How Ontario’s Residential Tenancies Act Prevents Renovictions to learn more about this.
To initiate an eviction process, landlords must issue a Form N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use.
The landlord must then follow the rules set by the Landlord and Tenant Board (LTB) to ensure compliance with the law. This legal framework provides tenants with safeguards, such as adequate notice and the right to challenge the eviction if it appears to be in bad faith.
Hamilton is the first city in Ontario to pass a municipal bylaw to prevent renovictions. The city’s bylaw is modeled after legislation from New Westminster, B.C.
[Read about the origin of renoviction bylaws in Canada]
Why did Hamilton introduce a renovictions bylaw?
Hamilton was losing more affordable housing than it could provide. Between 2017-2022, Hamilton observed a drastic increase in renoviction notices.
Between 2016 and 2021, the city lost 5,500 affordable rental units, while only 500 new units were added through federal-provincial funding, according to a 2023 Canadian Housing Evidence Collaborative research study.
The city's proposed Renovation Licence and Relocation By-law introduces stricter regulations for landlords planning renovations that require tenants to vacate their homes.
Hamilton City Council took action in April 2023 by directing staff to develop solutions for bad-faith renovictions. The process gained momentum in January 2024 when council unanimously approved the initial bylaw, which was modeled after New Westminster B.C.'s successful program.
In June 2024, the city made an amendment to include specific provisions for buildings with six or more units. The bylaw, which includes licensing requirements and strict enforcement measures, is set to take effect on January 1, 2025.
This table is a summary of Hamilton’s bylaw. If you’d like to read the full bylaw, you can visit Hamilton’s website on their Renovation Licence and Relocation By-law.
Ontario’s Residential Tenancies Act (RTA) provides a legal framework for addressing tenant evictions related to major renovations, requiring landlords to issue notices, offer compensation, and follow Landlord and Tenant Board (LTB) procedures.
Hamilton’s Renovation Licence and Relocation By-law enhances these protections by mandating renovation licenses, requiring tenant compensation, and granting the right of first refusal. Scheduled to take effect on January 1, 2025, this bylaw introduces municipal-level enforcement to complement the provincial law, ensuring stricter oversight and accountability for renovation-related eviction.