What happens if I buy a rental property while an LTB eviction order against the tenant is still being enforced?
An eviction order from the Landlord and Tenant Board does not simply disappear or need to be started over because the property is sold while enforcement is still underway; the process generally continues, and the new owner typically steps into the previous landlord's position for the purposes of that order and its enforcement. This means a buyer can genuinely inherit an active enforcement file rather than starting with a clean slate.
Because enforcement timelines are not something a buyer can control or accelerate, and can take longer than expected regardless of who owns the property, it is important to ask specifically, before closing, whether any eviction order exists against a tenant and exactly where the enforcement process currently stands. Understanding this ahead of time lets you factor realistic timing into your own plans for the unit, rather than assuming you will have vacant possession by a specific date simply because an order was already issued before you purchased the property. Your lawyer can help you confirm the current status directly.
Key takeaways
- An eviction order and its enforcement generally continue despite a change in ownership.
- The new owner typically steps into the previous landlord's position for that order.
- Enforcement timelines cannot be accelerated by a buyer and can take longer than expected.
- Confirm the exact status of any pending order with your lawyer before assuming a timeline.