Can a Landlord Evict You for Selling the Home in Ontario?

Hearing that your landlord is selling the home is stressful, especially if you are worried about where you will live. Many tenants wonder whether a sale means they have to move out, and when a buyer can ask for the home to be empty.

Whether a buyer can require vacant possession depends on the notice given, the sale agreement and the facts of your tenancy, so it is worth confirming with a lawyer. This article explains the general rules that continue to protect you and what to do if the situation reaches the Landlord and Tenant Board (LTB).

Start by checking whether the Act covers you

Under the Residential Tenancies Act, 2006, landlords and tenants of most rental units are covered by most of its rules. Rental units include apartments, houses and rooms in rooming or boarding houses, and the Act also applies to care homes, retirement homes, and sites in mobile home parks and land lease communities.

There is an exception. The Act does not apply if you must share a kitchen or bathroom with the owner or with the owner's family members. Non-profit, public, university and college residences have many of the rent rules switched off but are still covered by most other rules, such as maintenance and eviction.

Rules that keep applying during a sale

The Act sets out everyday rules about entry, services and rent, and it helps to know them while a sale is under way. A landlord may generally enter only after giving 24 hours' written notice stating the reason, and only between 8 a.m. and 8 p.m.. Landlords cannot shut off vital services such as heat from September 1 to June 15, electricity, fuel, and hot or cold water.

• Rent increases need at least 12 months since you moved in or since the last increase, plus at least 90 days' written notice.
• A rent deposit can only be used for the last month's (or week's) rent.
• If you have a written lease, you should have been given a copy within 21 days.

When a buyer wants the home empty

Pressure to leave quickly can come up during a sale, so it helps to know first whether the Act covers your unit. What a landlord or buyer must do, how much notice you receive and whether compensation is owed depend on the specific notice used and the facts, and a lawyer can confirm them for your situation.

Before you act on what a real estate agent or buyer tells you, it is worth confirming your position with a lawyer. Read any notice carefully, note the dates and reasons it gives, and keep a copy. If the matter goes to the LTB, you can use the Tribunals Ontario Portal to check file status, upload evidence and see whether an order has been issued.

If an order is made against you

Deadlines are short, so act quickly. For an ex parte order (issued without a hearing on L3 or L4 applications), a tenant can file Form S2, Motion to Set Aside an Ex Parte Order, no later than 10 days after the order was issued, and filing on time stays the order. After 10 days you must also file a Request to Extend Deadline explaining the delay.

Only one review request can be made per order, and a late one is considered only if a Request to Extend Deadline is filed with it.

What to do next

• Keep every notice, text message and email about the sale.
• Keep paying rent on time and keep proof of payment.
• Check the dates on any notice or order the day you receive it.
• If a hearing is scheduled, evidence must be disclosed 7 days before the hearing and responding evidence 5 days before, unless the LTB orders otherwise; a party who does not comply may be barred from relying on that evidence.
• Hearing evidence can be emailed to LTB.Evidence@ontario.ca with the file number and hearing date in the subject line, or uploaded through the Tribunals Ontario Portal.
• Contact the Advocacy Centre for Tenants Ontario, which is funded by Legal Aid Ontario, or speak with a lawyer.

The LTB Contact Centre can be reached at 1-888-332-3234 or 416-645-8080, Monday to Friday 8:30 a.m. to 5:00 p.m., but staff give information, not legal advice. The LTB states that most decisions issue within 30 days of the hearing.

Frequently asked questions