Personal Finance

Buying a resale condo - What happens if previous owner's tenant doesn't evacuate?

  • Last Updated:
  • Mar 31st, 2015 11:46 pm
Member
Oct 31, 2007
264 posts
17 upvotes
Vancouver

Buying a resale condo - What happens if previous owner's tenant doesn't evacuate?

I just made an offer to purchase a condo unit from someone. We are supposed to move in on June 1. I'm wondering what happens if the owner's current tenant doesn't move out on June 1? what can I do? How long will it take me to kick them out?
11 replies
Jr. Member
Mar 14, 2015
180 posts
61 upvotes
Montreal, QC
once you'Re the owner and you want to personally occupy the place, the tenant has to move out. No need to wait.
Deal Expert
User avatar
Jun 9, 2003
25310 posts
2536 upvotes
Markham, ON
lamerveille wrote: once you'Re the owner and you want to personally occupy the place, the tenant has to move out. No need to wait.
you call the police? or you give a call to your lawyer and sue the previous owner.

Usually you schedule a final walk through a week prior to closing to make sure it's ok...last thing you want are surprises
Newbie
May 30, 2013
33 posts
10 upvotes
GATINEAU
lamerveille wrote: once you'Re the owner and you want to personally occupy the place, the tenant has to move out. No need to wait.
Wrong information here, first of all this is a provincial legislation, the O/P is from BC and you are in Qc, I cannot talk about BC but for Qc, being a former Landlord, you would have to give a 6 mts notice before taking possession of the Condo.

Good luck in your research.
Jr. Member
Mar 14, 2015
180 posts
61 upvotes
Montreal, QC
Stevevoip wrote: Wrong information here, first of all this is a provincial legislation, the O/P is from BC and you are in Qc, I cannot talk about BC but for Qc, being a former Landlord, you would have to give a 6 mts notice before taking possession of the Condo.

Good luck in your research.
Forgot about that. Most people i know just pay the tenant to move out before the 6 months anyway if they don't want to even if they just want to put it back for rent.
Deal Addict
Aug 23, 2003
1450 posts
210 upvotes
The current owner should have already issued two-month notice that tenant has to leave.

http://www2.gov.bc.ca/gov/DownloadAsset ... EC9D68222B

When a rental unit is sold, the tenant does not automatically have to move. If the new landlord or a close family member intends to move in,
the original landlord must serve a Two-Month Notice to End Tenancy for Landlord’s Use of Property. For more information, see pages 27, 28, 29 of
this guide.

When the Tenant Does Not Move Out

A landlord cannot physically remove a tenant, even when the tenancy has legally ended. A landlord also cannot lock the tenant out or take the tenant’s
property without a Writ of Possession from the Supreme Court of British Columbia or without evidence that the tenant has abandoned the premises.
To have a tenant removed, the landlord must first get an Order of Possession from the RTB. The landlord must then serve the order on the tenant. If the tenant does not leave by the date noted on the order, the landlord must file the Order of Possession with the Supreme Court. The Supreme Court will issue a Writ of Possession. The writ gives a court appointed bailiff the authority to remove the tenant’s belongings from the property and return possession of the property to the landlord. This process can happen quickly, often within a few days. The Writ also gives the bailiff the authority to sell the tenant’s possessions to recover costs for enforcing the Order of Possession. The removed tenant can also be required to cover the related costs, which include bailiff fees and expenses of the incoming tenant such as alternate accommodation, meals, additional moving costs or truck rental fees.
Sr. Member
Sep 10, 2014
533 posts
89 upvotes
Dartmouth, NS
What I would do is make it a condition of sale that the unit is vacant on possession date. You run the risk of the sale falling through if the previous tenants don't move but at least it doesn't become your problem.
Deal Expert
User avatar
Jul 30, 2007
33237 posts
21167 upvotes
Toronto
bring along couple of rottweilers, one named Bubba and other named Hulk
Deal Addict
Apr 19, 2014
1042 posts
991 upvotes
get used to having a roommate!


/no clue but this is interesting
Deal Fanatic
User avatar
Apr 20, 2011
5310 posts
484 upvotes
Vancouver
Whatever you do, do not withhold the tenants deposit for any reason including damage, unless you file a claim.

Because if you don't return the deposit within 15 days(BC) you automatically owe the tenant double the deposit.
Deal Fanatic
Jul 3, 2011
6517 posts
3798 upvotes
Thornhill
popbottle wrote: Whatever you do, do not withhold the tenants deposit for any reason including damage, unless you file a claim.

Because if you don't return the deposit within 15 days(BC) you automatically owe the tenant double the deposit.
Popbottle do purchase and sales agreements in B.C have a vacant possession clause?
Deal Fanatic
User avatar
Apr 20, 2011
5310 posts
484 upvotes
Vancouver
licenced wrote: Popbottle do purchase and sales agreements in B.C have a vacant possession clause?
Yes but there is a section for subject to a tenancy, and although sometimes the seller tries to deal with the tenant but its supposed to be the buyer that takes care of it because the buyer or the buyers close relative is the one moving in. The fun part is the tenant is automatically owed one months free rent or one months rent paid back as compensation if he or she receives a 2 month notice for owners own use.

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