Real Estate

Notice to tenant property being sold.

  • Last Updated:
  • Sep 17th, 2019 9:39 am
[OP]
Deal Addict
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Dec 12, 2005
4432 posts
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Greater Toronto Area

Notice to tenant property being sold.

I'm going to be selling my property this year,I currently have a tenant that their lease be over before I place the property onto the market so no viewing before they leave.I do understand I have to give them 60 days verbal notice but do I also need to provide written notice their lease will not be renewed?.If so can you direct me to site where I can download such forms.
Thread Summary
rj4235 getting schooled, knows nothing about real estate once again, what a shocker
164 replies
Deal Guru
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Mar 23, 2008
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Edmonton
Hate to break it to you, buddy... But your lease ends when THEY want it to end; it will automatically roll over to a month to month lease. You can’t terminate the lease except for a few specific reasons. And WANTING to sell it isn’t one of them.

Welcome to the landlord hell that is Ontario.

C
Last edited by CNeufeld on Feb 10th, 2018 6:41 pm, edited 1 time in total.
Deal Guru
Feb 22, 2011
10417 posts
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Toronto
CNeufeld wrote: Hate to break it to you, buddy... But your lease ends when THEY want it to end; it will automatically roll over to a month to month lease. You can’t terminate the lease except for a few specific reasons. And WANTING to sell it isn’t one of them.

Welcome to the landlord he’ll that is Ontario.

C
He can do listings whenever he wants with 24 hours notice. He can evict with 0 compensation when it's sold. No problem at all, am about to do it as well. If the tenant hinders the sale process they can be sued as well.
Deal Guru
Feb 22, 2011
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gizmo8 wrote: I'm going to be selling my property this year,I currently have a tenant that their lease be over before I place the property onto the market so no viewing before they leave.I do understand I have to give them 60 days verbal notice but do I also need to provide written notice their lease will not be renewed?.If so can you direct me to site where I can download such forms.
Do the showings whenever you want it's your property, you are only required to give 24 hours written notice. Once it's sold you can evict them with 60 days notice once the lease term is done. No problem at all. I asked my tenant if they wanted to stay or leave during the sale process, they asked if I can wait till summer. I agreed and they signed an end of tenancy agreement for summer. Easier that way.
[OP]
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Dec 12, 2005
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Suppose I want a empty unit and fix it up,Again this is happening when their lease is over not during the lease period.I will do zero showings if they are still there.I did some research and it seems a 60 day notice is required but should I provide a written notice.I sold properties before but the tenant wanted to leave so I have no issues with them.The new laws coming in affect is some what making this slightly confusing .
Deal Guru
Feb 22, 2011
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gizmo8 wrote: Suppose I want a empty unit and fix it up,Again this is happening when their lease is over not during the lease period.I will do zero showings if they are still there.I did some research and it seems a 60 day notice is required but should I provide a written notice.I sold properties before but the tenant wanted to leave so I have no issues with them.The new laws coming in affect is some what making this slightly confusing .
You can only evict them if it is sold. So either you do showings with them there, they decide to leave or you come to an agreement with them to leave. For me I said I will just list it now and do showings until it sells, which they didn't want so they said they could leave in summer. So in exchange for me not trying to sell it now and letting them stay until summer they signed an N11 form to end the tenancy effective summer. It's easier if you come to an arrangement.

http://www.sjto.gov.on.ca/documents/ltb ... ms/N11.pdf
[OP]
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Dec 12, 2005
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Got it.So if they do not want to leave they be on month to month basis and they must allow viewings with 24 hour notice until its sold.Just wanted to make sure what my landlord rights are when the new laws come into affect.Thanks again.
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Sep 8, 2007
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Way Out of GTA
gizmo8 wrote: Suppose I want a empty unit and fix it up,Again this is happening when their lease is over not during the lease period.I will do zero showings if they are still there.I did some research and it seems a 60 day notice is required but should I provide a written notice.I sold properties before but the tenant wanted to leave so I have no issues with them.The new laws coming in affect is some what making this slightly confusing .
To clarify
1) you have no, none, zero ability to force an empty vacant unit unless planning yourself/relative to occupy for a year or selling to someone planning to occupy
2) even if you sell it, and it’s sold to someone as an investment property - the current tenancy continues under the current terms and rent and remains month to month
3) if unit is sold to a buyer who intends to occupy this must be asserted by the buyer and then you serve a form to the tenant based on this. Until you have read and understand this form, there’s no need to ask further questions.
http://www.sjto.gov.on.ca/documents/ltb ... 170901.pdf
4) the only difference if there was a remainder on the lease term is that if there was a new buyer couldn’t force them to vacate until the end of the term
Deal Guru
Feb 22, 2011
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cartfan123 wrote: To clarify
1) you have no, none, zero ability to force an empty vacant unit unless planning yourself/relative to occupy for a year or selling to someone planning to occupy
2) even if you sell it, and it’s sold to someone as an investment property - the current tenancy continues under the current terms and rent and remains month to month
3) if unit is sold to a buyer who intends to occupy this must be asserted by the buyer and then you serve a form to the tenant based on this. Until you have read and understand this form, there’s no need to ask further questions.
http://www.sjto.gov.on.ca/documents/ltb ... 170901.pdf
4) the only difference if there was a remainder on the lease term is that if there was a new buyer couldn’t force them to vacate until the end of the term
This is why I said it's easier to come to an agreement. The vast majority of people do not want to deal with weekly or daily showings and end up getting evicted anyway. Just find a time where it's mutually agreeable to end the tenancy and sign an N11 form. Otherwise it's just a hassle and head ache.
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rjg4235 wrote: This is why I said it's easier to come to an agreement. The vast majority of people do not want to deal with weekly or daily showings and end up getting evicted anyway. Just find a time where it's mutually agreeable to end the tenancy and sign an N11 form. Otherwise it's just a hassle and head ache.
Absolutely if you can work out a deal to get a voluntary N11.... it’s the best situation for you as a seller. And you can sell with the comfort of knowing that you can sell under vacant possession. Given the rental increases many tenants may not take too kindly to leaving voluntarily even if vacancy can eventually be forced. Sellers even under an N12 with purchaser planning to occupy, strict adherence to the 60 day notification period must be followed as they define it in the form.
Deal Guru
Feb 22, 2011
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cartfan123 wrote: Absolutely if you can work out a deal to get a voluntary N11.... it’s the best situation for you as a seller. And you can sell with the comfort of knowing that you can sell under vacant possession. Given the rental increases many tenants may not take too kindly to leaving voluntarily even if vacancy can eventually be forced. Sellers even under an N12 with purchaser planning to occupy, strict adherence to the 60 day notification period must be followed as they define it in the form.
Yea I get they wouldn't like it but they really have no choice. They are required by law to allow showings. They are required by law to leave if they are evicted for sale. They are even required by law to remove all pets during a showing, and to keep the place clean. Otherwise they are liable for damages. Better for everyone, themselves included, if they come to an agreement to leave. That's the problem with renting, even with all these protections in place you can still be kicked out through no fault of your own. Rent control does you no good once you're back in the market.
Deal Fanatic
Jul 3, 2011
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Despite the number of times this is asked and discussed in here and since the changes to the RTA I'm shocked it's still no understood when a tenant can be compelled to accept a termination of their tenancy agreement.

The tenant does not have to vacate or agree to terminate the tenancy agreement once the property is sold unless:

1) The buyer intends it for personal use and provides proof and

2) A minimum 60 days notice is given to the tenant and

3) the end of the tenancy agreement is no earlier than the natural day their tenancy agreement would if it's for a fixed term or it is at least 60 days before the end of a lease payment period.

The only other way to get a tenant out is to have them agree to mutually terminate without duress.
Deal Fanatic
Jul 3, 2011
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rjg4235 wrote: They are required by law to leave if they are evicted for sale.
No!
They are even required by law to remove all pets during a showing,
No!
and to keep the place clean.
No!

Who fed you that erroneous information?
Sr. Member
Jun 7, 2017
976 posts
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BC
rjg4235 wrote: He can evict with 0 compensation when it's sold. No problem at all, am about to do it as well. If the tenant hinders the sale process they can be sued as well.
This is completely false. Beware the interwebz.
Penalty Box
Aug 11, 2005
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Lol he knows nothing. Even when you give notice and plan to occupy it yourself, you have to pay the tenant 1 month rent as a penalty
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Jan 3, 2017
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licenced wrote: Despite the number of times this is asked and discussed in here and since the changes to the RTA I'm shocked it's still no understood when a tenant can be compelled to accept a termination of their tenancy agreement.

The tenant does not have to vacate or agree to terminate the tenancy agreement once the property is sold unless:

1) The buyer intends it for personal use and provides proof and

2) A minimum 60 days notice is given to the tenant and

3) the end of the tenancy agreement is no earlier than the natural day their tenancy agreement would if it's for a fixed term or it is at least 60 days before the end of a lease payment period.

The only other way to get a tenant out is to have them agree to mutually terminate without duress.
As much as I dislike licenced general condescending and arrogant attitude, I will say one thing:

He is probably one of the very few posters in this entire community who actually knows what he is talking about in regards to the the RTA.
Most of the information and advice given is garbage. His advice isn't.
Member
Apr 29, 2017
281 posts
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Sounds like tenants have it pretty good in Ontario. In a place I was renting in Victoria years ago, one day I woke up and the landlord was inside tearing down walls. When I complained he had his son and some goons barge in that night and threaten to rape my gf and kill me. I didn't pay rent the next month and a half and just dealt with the renos, as well as a lot of physical and verbal confrotations with the landlord and his family. Then I just left in the middle of the night one day before he listed it. Definitely don't miss victoria...
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Jul 3, 2011
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fryguy1987 wrote: As much as I dislike licenced general condescending and arrogant attitude, I will say one thing:

He is probably one of the very few posters in this entire community who actually knows what he is talking about in regards to the the RTA.
Most of the information and advice given is garbage. His advice isn't.
Thanks. In actuality though, I'm one of the easiest going people you will ever meet - to my clients, but a bear to those who would attempt to take advantage of my clients.

I just happen to have a distaste for untruths passed off as fact when it comes to real estate even when it's from the industry.

I make no excuse for how my attitude is perceived in here except to say that it was certainly learned since RFD is a hostile environment to real estate sales people where we are the enemy first and foremost unless we agree with miniscule fees, free access to everything, that we add nothing much and whatever assault someone wants to throw our way.

I'm not here to seek or solicit clients. And I will never tell people what they want to hear if it isn't the truth in order to gain a client or placate them so as to get their business because that would be a dishonest relationship.

I can appreciate that the push back is perceived as whatever negative you or anyone else may attach to it because I've witnessed consumers looked upon the same way when they step into sites that are largely industry dominated that is after all how the internet works...
Deal Guru
Feb 22, 2011
10417 posts
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Toronto
licenced wrote: No!

No!

No!

Who fed you that erroneous information?
You can do an eviction for sale, so by law they have to leave. The details of that process were already explained multiple times.

They are required by law to allow showings. You only have to give 24 hours notice.

They must keep pets out of the way.

What exactly are you saying no to;

Tenants must allow buyers to look at the unit, as long as there is 24 hours’ advance written notice and the showing takes place between 8 a.m. to 8 p.m. Pets have to be kept out of the way and while tenants can be there during showings, they don’t have to be.

https://www.thestar.com/business/person ... _sold.html
http://www.sjto.gov.on.ca/documents/ltb ... ns/N12.pdf

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