Evicting a Tenant:

Question:Can a tenant in Ontario be forced to move out when the landlord is selling the rental property to a buyer for their own use?

Answer:Bulat Paralegal Service can help Ontario tenants or landlords understand when a tenant can be required to leave during a sale, because even when a buyer needs vacant possession, the landlord generally must follow strict steps under the Residential Tenancies Act, 2006: the only common route is serving an N12 – Notice of Termination (Landlord’s/Purchaser’s Own Use), and it can only be issued at the end of a lease term with at least 60 days’ notice, plus the landlord must file the required application at the Landlord Tenant Board using the L2 – Application (Residential Tenancies Act) and, if the tenant contests, the matter is decided at a hearing;   it is invalid in key situations like when the rental has more than three units, and tenants should also watch for “bad faith” claims, improper paperwork, or timing errors in the Agreement of Purchase and Sale, including whether the purchaser’s own use claim is properly supported;   if a valid process cannot be followed, a “cash for keys” buyout may be negotiated, but terms must be handled lawfully by a paralegal, so call (705) 664-0334 to review your timeline and the notice documents.

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Determining 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 prefer, and are seeking, vacant possession, meaning an untenanted property, when purchasing.

Note: Please contact Bulat Paralegal Service by phone at: (705) 664-0334 to discuss any specific questions that you may have.

When a landlord promises vacant possession to a purchaser, the landlord needs to keep in mind that the landlord only has control over part of the process, being the process of issuing, and serving upon the tenant, an N12 – Notice of Termination for Landlord's, Landlord's Family Member, or Purchaser's, Own Use form.  A landlord must also keep in mind that a Notice of Termination for Purchaser’s Own Use form may only be issued and served at the end of a lease term.  Furthermore, such a termination is inapplicable, and thus invalid, where the premises contains more than three (3) rental units.  Additionally, the rules of eviction when selling a property disallow eviction if the landlord is selling a property to a relative of the landlord.

The process of purchasing 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 Landlord's, Landlord's Family Member, or 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.  Furthermore, such a termination is inapplicable if the premises contains more than three (3) rental units.  Additionally, the rules of eviction when selling a property disallow eviction if the landlord is selling a property to a relative of the landlord.

Rules Regarding Notice

When a landlord is seeking to evict for the purpose of selling to a purchaser that intends 'own use' of the premises, the rules regarding the eviction notice period are very specific.  Often a landlord fails to follow the rules due to failure to provide the proper notice document with the proper advance notice, among other things; accordingly, issuance of the absolutely necessary N12 form as required by the Residential Tenancies Act, 2006, S.O.  2006, Chapter 17 and the Landlord Tenant Board as well as the proper and timely service of the N12 form are important. Additionally, filing of the proper documents with the Landlord Tenant Board is necessary. Making an error on the notice form can be detrimental to the point of having to start again from the very beginning. Furthermore, a landlord should remain mindful that once a date for a hearing at the Landlord Tenant Board is scheduled, the landlord needs to involve the purchaser whereas the purchaser will need to provide an Affidavit as sworn, or affirmed, under Oath and attend at the hearing to testify, also under Oath, that the purchaser intends to move into the premises upon taking possession of the property promptly following closing of the purchase from the landlord.

A landlord is unable to force a tenant to leave; however, a landlord may negotiate a 'cash for keys' agreement with the tenants. A 'cash for keys' agreement occurs when a landlord, without use of undue pressure, enters into a deal to buy out a tenant.  In such an effort, it is advisable that the landlord obtains the assistance of a legal professional to negotiate the agreement as the terms must be negotiated within the law.  Trying to negotiate such a deal, or allowing a real estate agent to negotiate such a deal, is ill advised. Often when the landlord or a real estate agent takes on this task, failures to abide by the precise law lead to breach of the rights of the tenant with a possibility that such rights will be pursued by the tenant via applications seeking protections and remedies brought to the Landlord Tenant Board. Note also that a real estate agent is legally unable to provide legal services without holding a proper license from the Law Society of Ontario.