A Landlord Wants to Evict the Tenant Because the Property Is Being Sold. Is This Legal?
A Tenant Can Be Evicted When a Property Is Being Sold Only If the Purchaser Requires the Premises For Own Use. Generally, With Some Exceptions, a Purchaser Has the Right to Purchase a Property Without Tenants.
Similar Questions About Evicting a Tenant When Selling Include:
- Can a Landlord Evict a Tenant When Selling the Property?
- How Do I Evict a Tenant When I Am Selling a Property?
- A Landlord Wants to Evict the Tenant Because the Property Is Being Sold. Is This Legal?
- Is a Landlord Allowed to Evict a Tenant When Selling the Property?
- Is It Legal For a Landlord to Evict a Tenant When Selling the Property?
A Helpful Guide on How to Determine Whether a Tenant Has the Right to Stay When a Landlord Is Selling the Property
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, 2006, S.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.