What Is the Process For Evicting a Tenant Due to the Sale of the Rental Property?

The process of evicting a tenant is never pleasant but De Palma & Associates is here to help you make the process smooth and easier. Navigating the Landlord & Tenant Board (LTB) can be nerve-wracking but our team of professional paralegals is here to help. Let’s take a look at the steps necessary to evict a tenant due to the sale of the rental property. 

** PLEASE NOTE THAT THIS BLOG POST IS NOT CONSIDERED LEGAL ADVICE **

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  Retain the services of a Realtor experienced with selling properties occupied by a tenant. 
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  Inform the tenant(s) that the property is being listed for sale. Also let them know that you will provide 24 hours notice for all showings and ask for their cooperation. While this is not a mandatory step in the process, it goes a long way in keeping the relationship with your tenant(s) cordial and ensuring a smooth sale process. 
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  List the property for sale. Keep in mind that you must obtain the tenant’s consent to take interior photos of the property for purposes of the listing.
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  Obtain a firm Agreement of Purchase and Sale for the property and ensure the Agreement of Purchase and Sale clearly instructs you as the seller to provide a notice of eviction to the tenant(s) for the personal use of the buyer and/or the buyer’s family member (with specific family member indicated to confirm said person falls within the allowable family members under the Residential Tenancies Act) and that the person moving in agrees to provide the seller with a Declaration stating their intention to occupy the premises. 
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  Ensure the closing date on the Agreement of Purchase and Sale allows for sufficient time to obtain vacant possession of the property, if vacant possession is a clause in the APS,  or ensures the APS has a clause that speaks to how the closing will be handled in the event vacant possession is not obtained prior to closing. This is where having a realtor experienced with selling properties occupied by a tenant is crucial.
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  At this time you should be consulting and retaining a paralegal to assist with the eviction process. However, if you wish to proceed on your own, use this checklist as a guide.
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  Complete an N12 Notice to indicate the property has been sold and who intends to move into the property. 
• Be sure to calculate the termination date for the notice correctly.
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  Serve the N12 Notice on your tenant(s) in accordance with the rules of service. The three most common methods of service are to hand the N12 directly to the tenant, place it under the door of the rental unit or send it via regular mail (with additional days added to the termination date to account for mailing). 
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  Complete a Certificate of Service attesting to the date of service, method of service, etc.
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  Obtain the Declaration from the person moving into the property – be sure to consult the Landlord & Tenant Board website for what needs to be included in the Declaration
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  File an L2 Application with the Landlord & Tenant Board via the Tribunals Ontario Portal. In order to file the L2 Application you will need a copy of the N12, your certificate of service and the Declaration from the buyer or buyer’s family member. The current Landlord & Tenant Board filing fee for the L2 Application is $186 and must be paid at the time of filing your Application.
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  Wait for the Landlord & Tenant Board to schedule your Hearing. You can check the status of your Application online via the Tribunals Ontario Portal.
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  Once your Hearing is scheduled you will need to disclose your evidence - by filing with the LTB and serving to the tenant -  a minimum of 7 calendar days before the Hearing. Your tenant can also disclose evidence they wish to rely on at the Hearing and must do so a minimum of 5 calendar days before the Hearing.
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  Attend your Hearing on the scheduled date/time in the Notice of Hearing. Be sure to have the person moving into the property also attend the Hearing as their testimony will be necessary.
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  Wait for an Order to be issued by the LTB and sent to you via the same method you received the Notice of Hearing, likely via email. 
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  If you are successful and an eviction is granted you can then request the services of your local Sheriff to enforce the eviction upon the date indicated in the Order.

For more detailed information about our Landlord-Tenant services and how we can assist you, please visit De Palma & Associates Legal Services, send us an email at info@depalmaparalegal.ca or give us a call at 705-429-2401.