- There is no single move-out date that applies to every sale; it depends on the sale terms and the court process.
- A writ of possession may be issued only with leave of the court, and the court must be satisfied that everyone in actual possession had sufficient notice.
- A writ of possession stays in force for one year and can be renewed for further one-year periods.
- A buyer or lender who takes title after a power of sale is deemed the landlord of existing residential tenants.
If your home has just sold under power of sale, the most urgent question is usually when you have to leave. The honest answer is that the date depends on the terms of the sale and on how the buyer or lender proceeds to get possession.
This article explains how possession generally works, what a writ of possession is, how tenants and spouses fit in, and what can happen if you stay. It does not replace advice on your own file, and timing matters, so speak with a lawyer quickly.
Why there is no single move-out date
A power of sale is a sale by the lender under the mortgage. Ontario's guidance says the lender may sell once you have been in default for at least 15 days and at least 35 days' notice has been given to everyone with an interest in the property. If the mortgage has no power of sale clause, the statutory power of sale in Part II of the Mortgages Act applies, after three months of default and 45 days' notice.
Those periods relate to the steps leading up to a sale. How your own move-out deadline is set depends on your situation, so it is worth confirming with a lawyer. Your sale papers, notices and any letters from the lender's lawyer are the first place to look.
Money also matters. Sale proceeds go first to the principal and interest owed to the lender, the expenses of the sale, and other encumbrances in order of priority, and any remaining surplus goes to you.
How a writ of possession works
If the people in the home do not leave, the person entitled to possession generally has to ask the court for help. A writ of possession (Form 60C) may be issued only with leave of the court. The court may grant leave only if satisfied that all persons in actual possession of any part of the land have had sufficient notice of the proceeding to enable them to seek relief.
A writ stays in force for one year and can be renewed for further one-year periods. How enforcement is carried out, and how long each step takes, depends on the facts and the court, so a lawyer can confirm what to expect.
The key point for you is notice. The court may grant leave only if satisfied that people in actual possession had sufficient notice of the proceeding to enable them to seek relief.
Different situations, different answers
| Situation | What to know |
|---|---|
| You are the former owner living in the home | The buyer may need leave of the court for a writ of possession, and the court looks at whether you had sufficient notice. |
| You have a tenant or tenants | Whoever becomes mortgagee in possession, or obtains title by foreclosure or power of sale, is deemed to be the landlord under the tenancy agreement of a residential complex. |
| You have a spouse who also lives in the home | A spouse with a possession right has the same redemption and relief rights, and the same notice of enforcement, as the other spouse. |
| The sale was a sheriff's sale instead | Sheriff's sale notices state that vacant possession is not included, so the sale does not by itself deliver possession. |
Spouses matter at the sale stage too. The sale papers must include a solicitor's declaration naming everyone entitled to notice and stating they were served, and a statement of spousal status for every person whose spouse was not served. Where notice was required but not given, a court order may be obtained dispensing with service.
What happens if you stay
Where notice was given in professed compliance with the power of sale provisions, the purchaser's title cannot be impeached for non-compliance with those provisions. A person who was harmed has a remedy against the person who exercised the power of sale.
A statutory declaration by the lender or its solicitor that the sale complies with Part III of the Mortgages Act is conclusive evidence of compliance. Challenging a sale is therefore difficult and time sensitive.
What happens if you stay depends on your situation, so it is worth confirming with a lawyer. If you need more time, it is generally better to ask for it in writing and to get any agreement documented than to simply stay and hope.
What to do next
- Find the notice of sale, sale agreement details and any letters, and note every date.
- Ask the lender's lawyer, in writing, for the closing and possession date.
- Contact a real estate lawyer immediately if you think the notice or the sale was wrong.
- Tell the lawyer about every adult and tenant living in the home.
- Ask whether you are owed any surplus from the sale.
- Start planning your move, including storage, new housing and forwarding your mail.
- Keep copies of everything you send or receive.
Frequently asked questions
Do I get a set number of days to leave after the sale closes?
No single number applies to every case. The date usually depends on the sale agreement and on what court steps the buyer must take. A writ of possession needs leave of the court, which must be satisfied that those in actual possession had sufficient notice.
Can the buyer just change the locks?
A writ of possession may be issued only with leave of the court. What a buyer may or may not do without one depends on the facts, so speak to a lawyer before handing over keys or assuming you must leave immediately.
I rent out part of the home. Do my tenants have to leave?
A person who becomes mortgagee in possession, or obtains title by foreclosure or power of sale, of a residential complex subject to a tenancy is deemed to be the landlord under the tenancy agreement. Whether and when a tenancy can end depends on the facts, so it is worth confirming with a lawyer.
How long is a writ of possession valid?
A writ of possession stays in force for one year and can be renewed for further one-year periods.
Sources
- Ontario.ca – Power of sale assignments — ontario.ca
- 2544176 Ontario Inc. v. 2394762 Ontario Inc., 2022 ONCA 529 — ontariocourts.ca
- Ontario.ca – Land Registration Bulletin 2003-1 Powers of Sale — ontario.ca
- Family Law Act, R.S.O. 1990, c. F.3 (CanLII) — canlii.org
- Mortgages Act, R.S.O. 1990, c. M.40 (CanLII) — canlii.org
- Rules of Civil Procedure, Rule 60.01-.10 commentary (CanLII) — canlii.org
- Ontario Gazette – Sheriff's Sale of Lands — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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