How Do I Evict a Tenant When I Am Selling a Property?

To Evict a Tenant to Enable a Buyer to Move In, a Landlord Must Provide Proper Notice of Termination.
Similar Questions About Evicting a Tenant When Selling Include:

  • A Landlord Wants to Evict the Tenant Because the Property Is Being Sold. Is This Legal?
  • When a Landlord Sells Property In Ontario Does the Tenant Have to Leave?
  • Is a Landlord Allowed to Evict a Tenant When Selling the Property?
  • Can a Landlord Evict a Tenant When Selling the Property?
  • How Do I Evict a Tenant When I Am Selling a Property?

A Helpful Guide on How to Determine Whether a Tenant Has the Right to Stay When a Landlord Is Selling the Property

Notice to Evict

The law in Ontario says that when a landlord is selling a property, and the property has tenants residing within the unit, the tenants can stay should the new owner want to take on those tenants; however, within the market today, many purchasers are requiring vacant possession when purchasing a property.  The process of obtaining a property with vacant possession, usually, occurs as part of a process set out within the Agreement of Purchase and Sale documentation.  The process begins with the seller, being the landlord, properly completing and serving the N12 – Notice of Termination For Purchaser's Own Use form prescribed by the Residential Tenancies Act, 2006S.O.  2006, Chapter 17.  This form requires that the seller provide due notice to the tenants at least sixty (60) days in advance of the termination date.  The tenant can choose to move out by the date on the notice or, if the tenant believes that the notice was given in bad faith, the tenant may contest the notice at a hearing at the Landlord Tenant Board. It is notable that once the landlord as seller provides notice to the tenant, the landlord can then file the notice with the Landlord Tenant Board immediately utilizing the L2 - Application form.  The seller is without a requirement to provide compensation the tenants.

The purchaser has the right to vacant possession.  The purchaser can require the seller to provide vacant possession as part of the agreement of purchase and sale.

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