What if the property you are purchasing has a tenant?

If your purchaser wants to move in, the landlord can provide notice to the tenant if the purchaser legitimately intends to use the property as his or her own residence; or for the use of their spouse, same-sex partner, child, parent, or in-law. The applicable legislation that outlines the processes to be followed and the requirements for eviction in Ontario is the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (RTA).

What is the eviction process and how long does it take to get an order to evict a tenant?

In order to evict a tenant the landlord must follow a process that is set out in the RTA. First, the landlord must provide the tenant with a written ‘notice to vacate’ which outlines the grounds for termination and sufficient details of the situation. This is addressed in section 44 of the RTA which outlines that 60 days written notice is required. It is important to note that the landlord cannot force a tenant to leave until the end of the tenancy agreement. If the landlord wishes to accelerate the process and the tenant is agreeable the landlord can obtain and submit an Agreement to Terminate Tenancy, referred to as Form N11. This form allows the landlord to specify a date that is earlier than the 60 day notice period that is typically required, and can be enforced if both parties sign and agree to the terms outlined in the agreement.

If the notice to vacate expires of the deadline set in the agreement to terminate and the tenant has not vacated the premises, the landlord could then submit an application to the Landlord and Tenancy Board in order to schedule a hearing for an eviction order. Once an eviction order is issued by the board the tenant is required to vacate the premises as the board’s order is a legally binding decision. If the tenant fails to leave by the date set out in the eviction order then the landlord can take the matter one step further and file the eviction order at the Court Enforcement Office.

At the Court Enforcement Office, the landlord will be required to pay a fee of $315.00 for the Sheriff to force the removal of the tenant from the property. The Sheriff will provide the tenant with a notice that instructs the tenant to leave the rental property on or before a specified date and time. The Barrie staff have advised it currently takes approximately 2-3 weeks from the date of filing the eviction request for the Sheriff’s office to schedule this date. If the tenant indicates that they will not vacate the premises by the date listed on the notice provided by the Sheriff, the landlord should contact the Sheriff in order obtain their assistance for the eviction. The Sheriff will give the tenant five business days’ notice prior to the date and time scheduled for the eviction. The landlord will be required to pay a mileage fee to the Sheriff at 58 cents/km.

The content of this blog is intended to provide a general guide to the subject matter. The information does not constitute legal advice and a solicitor and client relationship is not created.

You can read this full article in the July 2012 Newsletter by clicking here. If you have any questions about this blog, I invite you to contact me at shari@elliottlawyers.com.