N13 for major renovations — what counts as \"requires the unit to be vacant\"?

The test under section 50(1)(c) of the RTA: the work requires a building permit AND requires vacant possession to complete. Both must be true. Recent LTB decisions have been strict:

**Qualifies for N13:**
- Gutting the unit to studs (electrical, plumbing, structural)
- Adding or removing rooms (changing the footprint)
- Major asbestos / mould remediation
- Foundation or load-bearing work

**Does NOT qualify (LTB has dismissed):**
- Painting, new flooring, kitchen / bathroom updates (cosmetic)
- Replacing a furnace, water heater, or windows
- Anything where the tenant can reasonably remain or be temporarily relocated within the property

Key 2024-2025 trend: the LTB has dismissed N13s where the landlord couldn't produce a detailed scope of work AND the building permit. "I'm renovating" without a permit application is fatal.

The tenant has a right of first refusal to return at the same rent (with the legal increase) after work completes. If you don't offer it, you're exposed to a T5 — same damages as bad-faith N12.

Documentation you need: signed permit application, contractor scope of work, written notice to tenant of their right of first refusal, compensation tracking.

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