Renovation Licence and Relocation By-law

Hamilton's Renovation Licence and Relocation By-law 24-055 came into effect on January 1, 2025.

The by-law applies when extensive repairs or renovations require a tenant to temporarily move out of their rental unit. It applies to all rental housing units in Hamilton and:

Sets clear responsibilities for landlords, including property owners and operators
Helps protect tenants from bad-faith evictions
Works alongside the Residential Tenancies Act, 2006

The by-law does not apply to certain types of properties, including licensed hotels, motels, inns or bed and breakfasts, tourist homes, licensed lodging homes, licensed short-term rentals, and licensed residential care facilities.

It also does not apply to buildings governed by the Homes for Special Care Act, Innkeepers Act, Long-Term Care Homes Act, Retirement Homes Act, or the Housing Services Act, including their regulations nor to certain social or affordable housing not subject to the Housing Services Act.

For full details and a complete list of exemptions, please refer to the by-law.

When an N13 has been issued due to renovations and a tenant must temporarily move out of the rental unit, landlords must follow the City of Hamilton Renovation Licencing process before renovation work can proceed.

When a Renovation Licence is Required

A Renovation Licence is required when both of the following apply:

A landlord serves an N13 eviction notice, and
The tenant must move out to allow for extensive repairs or renovations

Timing Requirement

Landlords must apply for a Renovation Licence within seven (7) days of serving the N13 eviction notice.

What is an N13 Eviction Notice?

An N13 eviction notice is a provincial legal notice that a landlord may give to a tenant when the landlord plans to:

Demolish a rental unit
Complete extensive repairs or renovations that require the unit to be vacant
Convert a rental unit to another use

The Landlord and Tenant Board (LTB) provide:

Instructions on when the N13 notice can be used
The N13 notice form that landlords must complete
A process for resolving disputes related to N13 notices

The City of Hamilton does not issue or enforce N13 eviction notices. Disputes related to N13 notices are handled by the Landlord and Tenant Board (LTB).

What Tenants and Landlords Need to Know

For Tenants
When your landlord issues an N13 eviction notice to do repairs or renovations that are so extensive that they require vacant possession of the unit, they must apply for a Renovation Licence with the City. This allows the City to be aware that a tenant has been asked to move out and helps ensure you receive information about your rights and available supports.

For Landlords
If you issue an N13 eviction notice that requires a tenant to move out for renovations, you must apply for a Renovation Licence within the required timeframe. Renovation work cannot begin until all City requirements are met and a licence is issued.

Tenant Information

Information for Landlords

Review the information below to learn about your rights, housing options, and supports if you receive an N13 eviction notice.

Right of First Refusal

If you receive an N13 eviction notice because your unit requires extensive repairs or renovations, you may have a right of first refusal under Section 53 of the Residential Tenancies Act, 2006.

This means you may choose to return to your unit once renovations are complete.

To use this right, you must:

Notify your landlord in writing within 120 days of receiving the N13 notice, and
Provide a temporary mailing address while you are displaced

What this means for you

If you respond within 120 days, your landlord must plan for your return
If you do not respond within 120 days, the landlord may not be required to provide temporary housing or compensation under the by-law

If you choose to return to your unit after renovations, your landlord must:

Make temporary arrangements for you during the renovation period, and
Allow you to return to your unit at a rent no higher than what could legally be charged if you had never moved out

Temporary Arrangement Options

Temporary Alternate Accommodation

Temporary housing must be comparable to your original unit in cost, location, and size.

Specifically, the temporary alternate accommodation must be comparable with respect to:

Rental rate: equal to or less than the original rent
Unit size: including a comparable number of bedrooms
Location: reasonable proximity to transportation options, community infrastructure (such as recreational facilities, libraries, police stations, schools and places of religious assembly), as well as commercial services and amenities

Financial Compensation (Rent Gap Payments)

Rent gap payments apply when comparable housing at the same rent is not available.

Payments are based on:

Your current rent (including utilities, if applicable)
Unit size
CMHC average market rent for Hamilton (buildings constructed in 2015 or later)

Rent gap payments must be made within seven (7) days before the first day of each month during renovations.

Please contact [email protected] to obtain the current average market rent.

The landlord must address moving costs by choosing one of the following:

Arrange and pay for an insured moving company, or
Provide moving cost compensation:
- $1,500 for a bachelor or one-bedroom unit
- $2,500 for a unit with two or more bedrooms

If you and your landlord and tenant cannot agree on temporary arrangements:

The landlord must notify Licencing and By-law Services
The landlord may request an exemption

Exemptions are reviewed case by case and may include conditions set by the Director of Licensing and By-law Services.

If you have received an N13 eviction notice and have questions about the by-law, contact:

Licensing and By-law Services

Email: [email protected]
Phone: 905-546-2782 (option 2)

Landlords must also provide tenants with the Tenant Rights and Entitlement Package(PDF, 835.4 KB), which outlines tenant rights and protections under provincial legislation and this by-law.

Tenant Support Program

The Tenant Support Program, administered by Housing Services in partnership with Housing Help Centre Hamilton & Area (HHCHA), Hamilton Community Legal Clinic (HCLC) and Association of Community Organizations for Reform Now Hamilton (ACORN Hamilton), works to help prevent bad-faith evictions and support tenants in understanding their rights.

Email: [email protected]
Phone: 905-546-2424 ext. 4557

Review the information below to learn about when a Renovation Licence is required and what you must do to comply with the by-law.

After issuing an N13 eviction notice, landlords must apply for a Renovation Licence within seven (7) days.

Before applying, ensure you:

Review the Renovation Licence requirements in the Business Licence Reference Guide(PDF, 1.3 MB)
Provide all impacted tenants with a copy of the Tenant Rights and Entitlement Package(PDF, 835.4 KB), which outlines tenant rights and protections under provincial legislation and this by-law.

Required Documents

Copies of all N13 eviction notices
A valid building permit
A Qualified Person Letter
Completed Attestation Form for each impacted rental housing unit

Qualified Person Letter

Applications must include a letter or report from a qualified person confirming that the work is so extensive the rental unit must be vacant.

A qualified person must be:

A Professional Engineer in good standing with Professional Engineers Ontario, or
An Architect in good standing with the Ontario Association of Architects

Attestation Form

Landlords must submit a City of Hamilton Renovation Licence Attestation Form.

The form confirms:

The agreed temporary housing or financial compensation, and
Whether the tenant will return renovations

The form must be submitted as soon as an agreement is reached. City staff will contact the tenant to confirm the information provided.

If a tenant chooses to return to their unit after renovations, landlords have specific obligations under the by-law.

Temporary Housing or Financial Compensation

Landlords must work with tenants to agree on one of the following temporary arrangements during the renovation period:

Temporary Alternate Accommodation

Temporary accommodation must be comparable to the tenant’s original unit in terms of cost, location, and size.

Temporary housing must be comparable to your original unit in cost, location, and size.

Specifically, the temporary alternate accommodation must be comparable with respect to:

Rental rate: equal to or less than the original rent
Unit size: including a comparable number of bedrooms

Location: reasonable proximity to transportation options, community infrastructure (such as recreational facilities, libraries, police stations, schools and places of religious assembly), as well as commercial services and amenities.

Financial Compensation (Rent Gap Payments)

If comparable housing at the same rent is not available, landlords must provide rent gap payments.

Rent gap payments are calculated using:

The tenant’s current rent (including utilities, if applicable)
Unit size
CMHC average market rent for Hamilton (buildings constructed in 2015 or later)

Rent gap payments must be made within seven (7) days before the first day of each month during renovations.

Please contact [email protected] to obtain the current average market rent.

Moving Requirements

Landlords must address tenant moving costs by choosing one of the following options:

Arrange and pay for an insured moving company, or
Provide moving cost compensation:
- $1,500 for a bachelor or one-bedroom unit
- $2,500 for a unit with two or more bedrooms

Complete the Renovation Licence Application Form(PDF, 259.13 KB)
Gather required documents
Submit the application to the City of Hamilton
Pay the required licence fee
Submit a completed Attestation Form(PDF, 333.16 KB) for each impacted unit
- The form may be submitted up to 120 days after the N13 notice is served, if required

Where to submit Your Application

By Email: [email protected]

In Person:
Licensing and By-Law Services
330 Wentworth Street North, Hamilton, ON
Monday & Wednesday, 8:30 am to 4:30 pm

One Stop - Business Licensing
City Hall, 1st Floor
71 Main Street West, Hamilton, ON
Monday to Friday, 8:30 am to 4:30 pm

After You Apply

You must:

Notify affected tenants within five (5) days of applying
Post a notice in a clearly visible common area for multi-unit properties
Work with tenants to agree on temporary arrangements
Submit the Attestation Form as soon as an agreement is reached

Renovation Licence fee: $715
Annual renewal fee: $125

A Renovation Licence valid for one year. If renovations extend beyond one year, the licence must be renewed before it expires. Contact Licensing and By-law Services for renewal requirements.

To pay online, you will need your file, application, or licence number and a My.Hamilton Portal account.

Pay the Renovation Licence Fee Online

My.Hamilton Portal FAQs

Licence Approval Timeline

Licence issuance depends on when all required materials are submitted. A Renovation Licence will not be issued until all materials are received and reviewed.

Non-compliance with the Renovation Licence and Relocation By-law may result in administrative penalties, fines, or other orders.

Penalties may include:

A $400 administrative penalty for performing renovations without a licence
Set fines under the Provincial Offences Act ($500-$1,000)
By-law fines, up to $10,000 for individuals and $50,000 for corporations

Fine amounts are subject to approval by the Ministry of the Attorney General.

If you are unable to reach an agreement with a tenant on temporary housing or financial compensation, you must notify Licencing and By-law Services.

You may also request an exemption from certain by-law requirements. Exemption requests are reviewed on a case-by-case basis and may include conditions set by the Director of Licensing and By-law Services.

Frequently Asked Questions

It allows the City to confirm that renovations require vacant possession and ensures tenants receive information about their rights and supports.

No. The City does not enforce the Residential Tenancies Act, 2006. N13 disputes are handled by the Landlord and Tenant Board (LTB).

The licence must be renewed. A late reinstatement fee may apply.

The by-law is enforced primarily on a complaint-based basis. Upon receiving a complaint, Officers may investigate and take appropriate action, including issuing orders, penalties, or fines for non-compliance. As part of enforcement, the Officer may also request relevant files from the Landlord and Tenant Board (LTB) and compare them against City records to identify any potential violations.

Date modified

May 08, 2026