Selling a Rental Property

Selling a Tenanted Rental Property

One of the most complex situations we encounter involves the sale of an occupied rental property. What rights do the parties possess, and what is the appropriate and legal method for pursuing an eviction? This intricate scenario can swiftly become a headache for sellers, buyers, and tenants alike.

In brief and in a general sense, those purchasing a property in Ontario inherit the responsibilities and obligations associated with the property, including those under a residential tenancy. The tenancy is tied to the property, not the property owner. When a landlord decides to sell an occupied rental, they lack the authority to evict tenants solely to facilitate the property's listing. Consequently, it is not advisable to include a vacant possession clause in a purchase and sale agreement, as there is no guarantee that the unit will be vacant when the transaction closes.

There are legal avenues for pursuing an eviction if the property purchaser intends to occupy the rental property for personal use. However, this process is highly technical and should be managed by an experienced legal representative. Possible options may involve executing an N12 or N11 Form, complying with the corresponding procedural requirements, and making subsequent applications to the Landlord and Tenant Board.

Our firm, Singh Paralegal, represents both landlords and tenants before the LTB. We bring extensive experience from both sides of the argument, allowing us to anticipate and address the challenges presented by your counterpart and position you for success. We are passionate about our work and are dedicated to translating that passion into your success!

Given the high stakes involved, selecting the right legal team is crucial. Whether you are buying or selling a tenanted rental property, we can assist in navigating the eviction process and the transition of a rental property from one owner to the next. If you are a tenant facing eviction in a real estate transaction, Singh Paralegal is here to help you assert your rights and fight back.

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