The most ideal way to sell a property is for it to be vacant, staged and ready for Buyer visits every day and at all possible hours. Anything less than that is less than ideal, but far from impossible. We have sold many properties where the Owners (Sellers) are still living in the home but are inclined to do all they can to sell the property. Tenants who wish to stay after the sale should be invested in tidying up their unit for potential Buyers’ visits but usually won’t keep the house as presentable as an Owner would. 

The best case scenario is that the current Tenant no longer wants to live there and moves out at the end of their term.

There are two possible outcomes for a Tenant when a property is sold. One is that the new Buyer wishes to keep them as Tenants going forward. The other is that the new Owner or someone in their family or employed as a Caregiver to someone in their family, wishes to occupy the home. 

It is important to note, Tenants do not need to move unless given an eviction order by the Landlord Tenant Board (LTB). That won’t happen until the Tribunal has reviewed the entire case and they are satisfied the Landlord has filed all of the appropriate paperwork properly. It’s worth adding that we agree with the protections put in place for Tenants by the Residential Tenancy Act. We have and will continue to represent many Tenants in transactions and their rights are as important to us as any Buyer’s/Seller’s rights are. 

As a Landlord you need to keep in mind that you have chosen this path. Owners stand to make large profits but as with literally every other investment opportunity, there are risks and expenses involved.

Due diligence needs to be taken in choosing the right Tenants for your property. Landlords should be sure to have contingency funds to cover mortgage payments or be prepared to sell the property under less than favourable circumstances if needed.

Can I Ask A Tenant To Leave?

Yes. If your Tenant does not want to end their agreement with you, offering them an incentive to leave is probably the best option. Free rent while they look for a new place to live or cash back upon vacating are two popular options. You can also offer to help them find a new home that is comparable to the one they are now renting. This is something that your Realtor may be able to help with.

How To Evict A Tenant Immediately 

Immediate evictions are reserved for the absolutely worse case scenarios (someone is physically in danger) and the bar for evidence is set very high in order to decrease abuse of the system. You will not be able to use this tool for the purpose of selling a vacant property alone.

How To Get Rid of A Bad Tenant

If you have a Tenant that could be evicted for cause, you will need to start the long process of tracking their behaviour and filing the correct paperwork with them.  This process can take a very long time under the best of circumstances. The current backlog of cases before the Tribunal due to the COVID shutdowns means that the process is taking even longer than it normally would.

Using a combination of approaches with a bad tenant can be successful but may leave a bad taste in the Landlord's mouth depending on how terrible that tenant has been. Presenting them with all of the valid reasons for an eviction and a little incentive to leave (cash reward upon vacating) might help you avoid the long wait for the LTB to make a ruling.

Click here for all of the information you will need from the Landlord & Tenant Board

Click here if you are a Tenant who is dealing with a Renoviction request from a Landlord. There is also great information for Tenants regarding all of their rights.

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