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Hello – My name is ***** ***** I’m happy to assist you today. I am an Ontario lawyer who is able to answer tenancy law questions.
Since tenancy law varies from province to province, can you tell me which province you are in so that I can know if I can continue to assist you ?
In that case, I can continue to help you.
I will be typing a long reply so your patience is appreciated.
Yes, your landlord has to honour your lease even though she is selling her home. In Ontario, tenancy law stipulates that selling a home is not a grounds for terminating a tenancy because the purchaser assumes the tenant when buying a home. The seller has to indicate on the listing that the home is tenanted.
If your landlord wants you to move, the proper procedure to follow is after the agreement of purchase and sale is signed and the purchaser indicates to the seller that he or she wishes to live in the property and not rent it out, the seller can give a N12 Notice to End Tenancy Because the Landlord or Purchaser Requires the Rental Unit to the tenant on the purchaser's behalf to move out within 60 days. Also, the tenant is to be paid one month's rent as compensation for moving out.
Upon receiving the N12, the tenant does not have to move out after 60 days if the tenant suspects that the purchaser is not giving this notice in good faith. The purchaser can then file an L2 Application to End Tenancy and Evict a Tenant to the Ontario Landlord and Tenant Board because the tenant was already given the N12 after the move out date on the N12 has passed. The Board will schedule a hearing for this application.
Due to COVID 19, the hearing will be a video-hearing and both the tenant and landlord will be given the opportunity to present evidence that the notice was given in good faith, in that the purchaser really is going to be living in the rental unit and not using it as a reason to evict the tenant so that the rental unit can rent be rented to other tenants for more rent.
If the Board is satisfied that the purchaser is going to be living in the unit, the Board will issue an order that the tenancy is terminated and the tenants have to move.
Here is a link to resource information on this issue from the Board
Here is also a good resource from the Ontario Legal Aid's Landlord Self Help Centre which outlines the landlord's obligations regarding own use applications
Hope this answers your question. Please feel free to ask follow up questions.
You are very welcome. Feel free to let me know if you have any follow up questions.
Thank you for using JustAnswer.
All the best.