Real Estate

landlord wants to show my apartment early during lease

  • Last Updated:
  • Jul 12th, 2017 10:19 am
[OP]
Newbie
Jul 8, 2017
2 posts

landlord wants to show my apartment early during lease

Hi Guys!
i recently rented an apartment in Toronto, my lease is still going until march, ( actually was supposed to go for 2 years and the landlord is aware but we signed a yearly contract) my landlord wanted to sell the apartment early. since i wanted to stay for the reminder of the lease, she offered to put the place for sale, but ask the prospective buyer to keep me until the end of my lease. the issue is she wants to show the apartment for 2 month now! can i say no? i feel my privacy is being violated with people coming in and out the apartment while i am 8 month far of ending the lease.

thanks
31 replies
Deal Addict
Jan 26, 2016
1316 posts
1069 upvotes
Toronto, ON
I don't think you can say no outright, but specify 48 hours notice, no showing on Sunday, etc. Somebody else with more hard facts can chime in though.
Deal Addict
Mar 20, 2017
1098 posts
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WinterSleep wrote:
Jul 10th, 2017 1:24 am
I don't think you can say no outright, but specify 48 hours notice, no showing on Sunday, etc. Somebody else with more hard facts can chime in though.
Your lease never actually ends, after it ends there is automaticaly month-to-month.
Do you think its a reason not to sell?
24 hour notice is mandatory, nothing else AFAIK.
You'll get paid by landlord if he asks you to move out because of sold. Or your lease will be automatically extended when its sold. Depending on what buyer wants.

I'd suggest to agree with landlord about open house day when lots of people may come and see. And 1-2 weeks of visitors at specific times. Both of you will win from this agreement.
After one open house day it will likely be sold.
Also don't forget to mention to him that its worst time to sell. Feb 2018 will be much better.
Deal Addict
Jun 29, 2007
4548 posts
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Don't know about Ontario but that's not how it works in BC.

1) Your signed lease continues with new owner.
2) A fixed term lease doesn't automatically go to month to month after fixed term is over. There should be wording in your signed lease re what happens when the fixed term lease ends. i.e. tenant moves out when fixed term lease ends or it continues as month to month.
3) Showings are allowed if they are reasonable and sufficient notice is given. Best to set a fixed schedule for showings.
Banned
User avatar
May 2, 2017
35 posts
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You cannot say no directly, as landlord wishes that you complete your lease period. You can discuss the feasible timings of the week when she can bring buyers in this way you can minimize the hassle ...
"Always be yourself, express yourself, have faith in yourself, do not go out and look for a successful personality and duplicate it." ~ Bruce Lee
Deal Fanatic
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Sep 8, 2007
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Way Out of GTA
It is covered in the RTA. My suggestion is to work out a showing schedule that works for both of you and set about the required notice. It's typically 24hrs written notice but you can work something out that works for both of you. Digging your heels on either side when the RTA is very specific doesn't help anyone.

Whether the unit is sold or not you are able to stay the full length of the written lease. She doesn't have to ask the buyer to keep you, she has to tell the buyer when your lease ends and the buyer has to honour that before they can move in for personal use.
Entry to show rental unit to prospective tenants

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3).


Entry with notice

27. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or replacement or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.

4. To carry out an inspection of the rental unit, if,

i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord's obligations under subsection 20 (1) or section 161, and

ii. it is reasonable to carry out the inspection.

5. For any other reasonable reason for entry specified in the tenancy agreement. 2006, c. 17, s. 27 (1).


Same

(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit. 2006, c. 17, s. 27 (2).


Contents of notice

(3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 2006, c. 17, s. 27 (3).

Deal Fanatic
Feb 22, 2011
5974 posts
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Toronto
They don't need your permission to enter, they just need to notify you.
Sr. Member
May 3, 2013
599 posts
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Toronto
If the asking price is reasonable, then I would be as flexible as possible with showing times. You can always request that showings be between 9am to 4pm, etc etc. BUT the sooner it sells, the sooner the visits will stop. Sometimes I show units where the tenants are present, and they are very nice. The place is neatly cleaned up and they are available for any questions. This benefits everyone cuz:
1. the place may sell faster, no more showings
2. the potential buyer, if it's an investor, will want to keep you as a tenant
Deal Fanatic
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Jul 14, 2008
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You cannot stop them from showing, but the landlord needs to follow procedure before showing the apartment.

IMO, if I were the landlord, I would try to get the current tenant (you) to terminate the lease early (financial incentive, etc). Of course the tenant can refuse to leave until the end of the lease, but I'd wager most reasonable tenants wouldn't automatically balk at being given $5K, for instance, to leave immediately. Cost of doing business to break early.
Deal Addict
Jul 11, 2010
1142 posts
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Toronto
Ghalya wrote:
Jul 9th, 2017 9:12 pm
Hi Guys!
i recently rented an apartment in Toronto, my lease is still going until march, ( actually was supposed to go for 2 years and the landlord is aware but we signed a yearly contract) my landlord wanted to sell the apartment early. since i wanted to stay for the reminder of the lease, she offered to put the place for sale, but ask the prospective buyer to keep me until the end of my lease. the issue is she wants to show the apartment for 2 month now! can i say no? i feel my privacy is being violated with people coming in and out the apartment while i am 8 month far of ending the lease.

thanks
As you are on a yearly lease, your lease follows even if the house/unit sells. New owners cannot give you the proper 60 day notice until next Jan. Then it has to be the approved form that they or a relative will be occupying the unit.
Hopefully realtors showing clients will tell them upfront about your lease. They can show your unit but you must be given 24 hours written notice.
[OP]
Newbie
Jul 8, 2017
2 posts
Thanks guys!
It just annoys me that I am just settling in and they wanna me to give them multiple days a week, from 12-7 including weekend! They are not happy that I just said one day a week during my working hours! It doesn't make sense to me to expect people showing up at my doorstep multiple days a a week especially weekend! This is not what a tenant should be expecting by any means! Is there any thing that should limit the number of showing per week or hours?

It just annoys me to go through this for two month and i am just settling in

Thanks guys
Sr. Member
Jun 12, 2007
953 posts
210 upvotes
GTA
Ghalya wrote:
Jul 10th, 2017 11:20 pm
Thanks guys!
It just annoys me that I am just settling in and they wanna me to give them multiple days a week, from 12-7 including weekend! They are not happy that I just said one day a week during my working hours! It doesn't make sense to me to expect people showing up at my doorstep multiple days a a week especially weekend! This is not what a tenant should be expecting by any means! Is there any thing that should limit the number of showing per week or hours?

It just annoys me to go through this for two month and i am just settling in

Thanks guys
Unfortunately, they are only required to give you at least 24 hour notice for a showing in reasonable time (between 8am and 8pm). Anything else is a matter of mutual compromise between you and the landlord but he is not required by law to limit the number of showings per week.
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Mar 23, 2008
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NuclearBlast wrote:
Jul 11th, 2017 11:37 am
Unfortunately, they are only required to give you at least 24 hour notice for a showing in reasonable time (between 8am and 8pm). Anything else is a matter of mutual compromise between you and the landlord but he is not required by law to limit the number of showings per week.
I don't know that's entirely true... They still can't interfere with the OP's "enjoyment of property" or whatever they call it.

OP, you can talk to the local LTB and see what they say. There may be a compromise you all can work out.

C
Deal Addict
Aug 19, 2002
2982 posts
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cartfan123 wrote:
Jul 10th, 2017 7:40 am
It is covered in the RTA. My suggestion is to work out a showing schedule that works for both of you and set about the required notice. It's typically 24hrs written notice but you can work something out that works for both of you. Digging your heels on either side when the RTA is very specific doesn't help anyone.

Whether the unit is sold or not you are able to stay the full length of the written lease. She doesn't have to ask the buyer to keep you, she has to tell the buyer when your lease ends and the buyer has to honour that before they can move in for personal use.
You missed the part in 3a). The tenancy is not ending, so prospective buyers should not be able to enter.
Deal Fanatic
Jul 3, 2011
5377 posts
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Thornhill
Keep trying to block the landlord from showing his unit to prospective buyers and in accordance with the RTA and you just might find yourself reading an eviction notice which will only turn what you refer to as, 'just settling in' after 4 months into a repacking activity. I don't think you want to be forced to move.

On top of which, if their eviction is successful you won't even be eligible for the new one-month's rent rule.

You can't stop them from entering with 24 hours notice and during the allowed time but you can come to a compromise with them to show the property while you're at work and only between a certain hours when you're at home.

The only recourse you have is if when they give you notice the time frame is too long, that is, the RTA long ago ruled that the time of entry must be sufficiently narrowed so as to not unduly impose on the tenant. So, you can ask them to limit their showing requests to one-hour time-frames.

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