What is a residential tenant estoppel statement and can a buyer request one before closing in Ontario?
A tenant estoppel or tenancy statement is a written confirmation, usually from the seller and sometimes from the tenant directly, setting out the key facts of the existing tenancy: the current rent, what is included, any deposit held, the lease's start date and type, and whether there are any arrears or disputes. Unlike a condominium status certificate, there is no standardized statutory form for this in the residential tenancy context, so it is a negotiated, practical due-diligence document rather than something a seller is automatically required to provide.
Buyers can, and often should, request one before closing, either as a term written into the Agreement of Purchase and Sale or as a direct request during the transaction, since it gives you a documented account of what you are actually taking on as the new landlord, separate from whatever the listing or the seller casually mentioned. If the seller cannot or will not confirm these details clearly in writing, that itself is worth treating as a flag during your due diligence, since accurate tenancy information matters directly to both the property's value and your obligations going forward.
Key takeaways
- A tenant estoppel or tenancy statement documents key facts about the existing tenancy in writing.
- There is no standardized statutory form for this, unlike a condominium status certificate.
- Buyers can request one directly or build it into the Agreement of Purchase and Sale.
- A seller unwilling to confirm tenancy details clearly in writing is worth treating as a flag.