Plain-language answer
In many cases, yes — if you protect the right properly. When a tenancy ends for repairs or renovations under an N13, the tenant generally has a "right of first refusal": the right to move back into the unit once the work is complete, at a rent based on what they were lawfully paying before, rather than a new market rent.
The catch is procedural. To keep this right, the tenant generally must tell the landlord in writing, before moving out, that they intend to return. Tenants should also keep the landlord updated with a current address in writing, because the landlord's obligation to notify them the unit is ready generally depends on being able to reach them.
If a landlord ignores a properly claimed right of first refusal — for example, re-renting the unit to someone else — the former tenant may have remedies through the Landlord and Tenant Board. Time limits apply, so acting quickly matters.
Why it matters
For long-term tenants paying below-market rent, the right to return at their old rent can be worth a great deal of money — and it is routinely lost through paperwork failures rather than legal ones.
Understanding the right also changes the negotiation: a landlord's buyout offer looks different once you know what you may be entitled to keep.
Facts that affect the answer
Based on the information available, these are the kinds of facts that commonly change how a situation like this is assessed:
- Whether you gave written notice claiming the right of first refusal before you moved out.
- Whether you kept the landlord informed, in writing, of your current address.
- Whether the work was actually completed and when the unit became ready for occupancy.
- What rent the landlord offers on return, compared with your prior lawful rent.
- Whether the unit was re-rented to someone else, and when.
Evidence to preserve
Preserve these now, in their original form
- A copy of your written first-refusal notice with proof of delivery (email trail, photo of a signed letter, or delivery confirmation).
- Written updates you sent with your forwarding address.
- Your old lease and rent records establishing what you were paying.
- Photos of the unit before you left.
- Any listings, ads, or information showing the unit re-rented — with dates and prices where visible.
Common mistakes
- Claiming the right only verbally, or not at all, before moving out.
- Moving without leaving a written, current address — making it easy for a landlord to say you could not be reached.
- Assuming the right applies to demolition or conversion the same way — the rules differ by the reason on the notice, so get specific advice.
- Discovering the unit was re-rented and waiting months before getting legal help, when time limits may apply.
- Discarding old rent records that establish what your return rent should be based on.
Possible official process
The general steps: written first-refusal notice to the landlord before moving out, written address updates while away, and a response when the landlord gives notice the unit is ready.
If the right is not honoured, a former tenant may generally apply to the LTB — commonly using tenant application forms about a landlord's notice given in bad faith or a breached right of return. A legal clinic can identify the correct application and deadline.
Because the details are technical and time-limited, professional review before and after moving out is strongly recommended in renovation cases.
Professional review recommended
Tools that help with this
Jurisdiction: Ontario · Last reviewed 2026-07-15 · currently under review. Rules, forms, and deadlines can change — always confirm against the official sources above.
This is legal information, not legal advice. RTO Pro is not a law firm. Deadlines and exceptions may apply to your situation — a qualified legal professional should confirm anything important before you rely on it.