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Music hello everyone as a result of the latest changes to the Ontario Residential Tenancies Act you need to have the right strategy when selling a home occupied by attempt here are five things you need to know what first review any lease you cannot terminate a tenancy until the end of the lease so if the lease extends for another six months attendance cannot be evicted before the lease ends in addition check to make sure the tenant does not have the right to renew the lease for an extra year if so then the tenant cannot be evicted until the end of their renewal period number two you cannot evict just because you want to sell your home even if the lease has ended you cannot evict a tenant just because you want to list the home for sale this means that you first have to sign a buyer to an agreement before you can send the eviction notice to the tenant this also means no Home Staging without the tenant agreement number three once your agreement is signed you need to give the tenant sixty days notice so once the buyer signs the agreement then you have to give the notice using form and twelve, and you should schedule your closing date to match the notice date or to occur shortly after, so you can give vacant possession on closing remember a penalty of 25000 could be payable if the buyer or their family do not stay in the property for at least twelve months after closing as such consider a clause from my Ontario guide for landlords which I have included in the description below number four monitor the situation fool it is extremely important to monitor the situation if you are trying to evict a tenant before closing in the transaction I completed on October 2nd 2017 the agreement was signed in July and the tenant was on a monthly tenancy notice was given to terminate that tenancy on September 30th however the tenant indicated they were going to challenge the notice as such we arranged for a court hearing before the Landlord and Tenant Board in late August before closing where the buyer attended as well and convinced the adjudicator that they in good faith intended to move in on October 2nd as a result the adjudicator granted the eviction order for the end of September and with that order the tenant moved out on that date, and we were able to close the deal in time number 5 practical advice if possible try and arrange a new place to live for the tenant, but before you even put the property up for sale you will not have any issues with home stages notices for showings or providing vacant possession on closing it is important to understand all of your rights and responsibilities when selling a home occupied by a tenant when your buyer wants to move in on closing if you have any questions relating to this topic or have a situation where your own clients would benefit from our mobile signing service where we go to our clients homes from 700 am to midnight 7 days a week at the time and location of their choice we would be delighted to assist you please feel...
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