Condition of sale having tenants evicted.

JayLove06 wrote: ↑ If it’s a condition of the sale isn’t it the seller’s responsibility to get them out?

kennyg1966 wrote: ↑ It certainly is all I’m asking is it these entitled tenants haven’t paid rent in months to the sellers, if they decide not to go in time for me to move in.
I have read that in Ontario the typical evection timeline is 75 to 110 days. It should be much quicker than that but with the Covid factor who knows how long it could take

kennyg1966 wrote: ↑ I have just sold my duplex and purchase another one. I will be moving in one side of my mother will be moving in the other so it is considered owner occupied. All of the papers have been properly served by a lawyer on behalf of the owner. One of the tenants that are in my new place now is already planning on moving and has a place where as the other tenant hasn’t paid rent to the one that owns a house now in months.The condition of my sale is that both tenants are gone and the property is clean. What can I do if one of the tenants does not leave before I take possession, I do not want to walk away from the sale. Could I make the owner pay for my storage and lodging up until the point that they are actually gone. I take possession September 1. I’m just trying to wrap my mind around what I might need to do.
Thanks in advance for all your help and advice

kennyg1966 wrote: ↑ I have just sold my duplex and purchase another one. I will be moving in one side of my mother will be moving in the other so it is considered owner occupied. All of the papers have been properly served by a lawyer on behalf of the owner. One of the tenants that are in my new place now is already planning on moving and has a place where as the other tenant hasn’t paid rent to the one that owns a house now in months.The condition of my sale is that both tenants are gone and the property is clean. What can I do if one of the tenants does not leave before I take possession, I do not want to walk away from the sale. Could I make the owner pay for my storage and lodging up until the point that they are actually gone. I take possession September 1. I’m just trying to wrap my mind around what I might need to do.
Thanks in advance for all your help and advice

CNeufeld wrote: ↑ You need to speak to your lawyer about what your options are. You have a general idea of what they are from here, but the devil is in the details.

C

JayLove06 wrote: ↑ If it’s a condition of the sale isn’t it the seller’s responsibility to get them out?

ranjeet2000 wrote: ↑ So is leaving it clean, and my sellers did not leave it clean. My lawyer said it's not worth the time or money to chase them for it. People know this and game the system.

Jon Lai wrote: ↑ Couldn't your lawyer have requested a hold back?

Jon Lai wrote: ↑ Couldn't your lawyer have requested a hold back?

Extrahard wrote: ↑ With what you have told us, you should be concerned. It seems the tenants are "problem" tenants so they won't be easily removed. The problem of removing them could become yours at closing. Both you and the seller need to sit down and have a real conversation at that time and be prepared to make some compromises. If I was a seller in this hot market I would never agree to evict tenants.....for them to to agree to evicting for you means that you probably have paid for it on the front end with an increased price. You have options to sue for damages but remember lawyers are bloodsucking vampires that will just drag you down...you still have to get paid from seller for damages...what if they don't have money...file for bankruptcy etc, there's a lot of problems here and it'll be a long road. So I would rather settle with the seller and agree to a lowered price for the headaches of the tenants. That's probably your best solution if the tenants are still there. After that you serve an N12 which needs at the very least 60 days to be enforced. I would plan for 6 months of living arrangement compensation when you negotiate with the seller. I'm not a lawyer but just want you to know that lawyers don't always have your best interest and everyone is in it for themselves. Always remember that.

ranjeet2000 wrote: ↑ So is leaving it clean, and my sellers did not leave it clean. My lawyer said it's not worth the time or money to chase them for it. People know this and game the system.

ranjeet2000 wrote: ↑ It looks like the hold back condition and amount would have been required to be written into the agreement. We did not anticipate the sellers to be p.o.s slobs (the guy was a cpa, which surprised me, thought professionals were more considerate) and therefore did not include a hold back condition in the agreement.

Jon Lai wrote: ↑ What I meant was your lawyer could have requested an amendment with the holdback from the sellers. You would not have to specifically put it into the original agreement. The sellers would then sign it and it would then officially be part of the agreement. Of course, they could reject signing it, but the seller is then technically breaking the conditioner of a clean house on closing, and would technically risk the deal falling through (of course, this is relatively minor so at this point most difficult buyers/sellers would negotiate and let it go).

SusanM6112 wrote: ↑ Check with your lawyer. My concern would be that while you are moving into the one half as primary residence, the half that will be for your mother won't be your primary residence, so it may not be possible to evict the tenant from there.