My husband and I have lived in our apartment for the last 15 years. The building has business offices on the top 2

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Customer: My husband and I have lived in our apartment for the last 15 years. The building has business offices on the top 2 floors and our apartment is in the basement. The building was taken over by the bank for 2019 and was sold in March of 2020 before the pandemic. The new landlords are from Ontario and have not been in NS to meet anyone or do any work needed. On Tuesday October 20th we were served with notice to evict along with a paper for a meeting for a tenancy board hearing in order to get the eviction approved. We have never missed or been late with our rent payments. Is there anything we can do to prevent the eviction. The new owners want to renovate the building and change the offices over to apartments. We don't know why we can't stay while they do this as the basement floods because the weeping tile is damaged and can't be fixed until the spring/summer, based on if the owners can travel to deal with it.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I went to the tenancy board today as I have a couple of days off. I took the papers with me to get advice. I have also printed off emails I had with the new owner in regards ***** ***** new lease, I was never provided with one yet. I have also added a letter from the previous landlord in regards ***** ***** tenancy and how good we have been as tenants. I am also including the email communication I had in regards ***** ***** flooding happening and trying to get a firmer time for getting the weeping tile fixed. I have been told with Covid they cannot travel and maybe it would be best if we looked for another place. I advised that we are high risk and would not want to do that. There are not really any options right now to even get into an apartment. We don't drive and have to stay in town where we are close to our work, which we are now in the current location.
JA: Have you talked to an Ontario lawyer about this?
Customer: No I am in NS so why would I talk to a lawyer in Ontario?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Well there are discrepancies I noticed on the application to have us removed. The box for providing us with a new lease is checked and that is not the case, also they have our move in date as January 2019 and we have been here since August 2005. That date was when I signed the new lease with the property management hired by the bank to look after the building. We have lived thru renovations in this building before and are more than willing to go through more, maybe if they renovate upstairs first we could move in to a space upstairs. I have been considering sending an email to the landlords and see if we can work something out instead of going thru the tenancy board hearing.
Answered by Counsel Creed in 1 hour 2 years ago
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Counsel Creed
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Counsel Creed
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Counsel Creed, Expert

Hi, welcome to Just Answer and thank you for using our services. I am Counsel Creed and I practice law in Toronto. I will be happy to assist you today. I am awfully sorry to hear about your difficult situation. Unfortunately, the landlord (the ex one) has the right to terminate tenancy when he sells the property. The new owner does not have to take over the existing tenants. However, in order for this to be valid, all of the following has to taka place:

  1. Landlord enters into an agreement of purchase and sale to sell the property.
  2. All conditions of the sale have been met, except for the title of the property.
  3. Purchaser asks the landlord, in writing, to end the tenancy (lease) because the purchaser is going to move in (occupy the premises).
  4. Purchaser provides the landlord with a sworn affidavit that the purchaser is going to move in (occupy the premises).
  5. Landlord completes the Landlord’s Notice to Quit (on page 1 of the form).
  6. Landlord personally delivers the completed form and copy of the sworn affidavit from the purchaser to the tenant or sends it by registered mail.

The tenants have two months after they have been served to move out.

Customer
We were not given notice to quit by the ex landlord. We were given notice by the new landlord so they can renovate the rest of the building into apartments.
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Counsel Creed, Expert

well, you can definitely raise that issue with the Board

Customer
There was a ban on evictions here in NS and it was lifted on tuesday and that is the day we received the notice to attend the hearing.
Customer
I think they were waiting for the ban to be over so they can evict us and not have to repair the weeping tile that let's water in when it rains hard enough
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Counsel Creed, Expert

It is possible but, again, the landlord is allowed to dispose of his property if he has a buyer.

Customer
True
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Counsel Creed, Expert

Well, if you have no further questions, have a great day and stay safe! Feel free to post additional inquiries related to this issue, should you have any. I will be happy to answer them.

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