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Can my landlord sell my property in ontario

 
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Asked by

Kathe


I have just moved into an apartment in toronto and have signed a one year lease with my landlord and now two months later the landlord has given notice of his intent to sell the building what are my legal rights in this instance
2     In Ontario Cont.05

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    Anonymous

    "Can my landlord tell me i can only park 2 vehicles per unit..."



    Can my landlord tell me I can only park 2 vehicles per unit? We have 3 and my apt is a 2 bedroom but my son has a vehicle and my husband and I have one each.. Not sure if they can stipulate this or not please help

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    Q. Does someone know the rules of selling rental property in ontario?

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    Some friends had someone show up and tell them he would be the new owner in a couple of weeks. they never knew the house was up for sale and have been unable to contact their landlord for confirmation. is there a law of some kind that states a landlord has to give prior notice to tenants of the sale of the property, and if so, where can i find it?

    "A tenant can be evicted if a landlord has agreed to sell the rental..."



    From the Landlord & Tenant Board web site (link below): Can a tenant be evicted if the landlord sells the house and the purchaser wants to move in? Yes, but only if the rental complex has three or fewer residential units. A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for: their own use, the use of an immediate family member, or the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order. So, the new owner must respect the existing tenancy and may only apply to terminate the leases if the above conditions apply. Otherwise, the rent and all other terms of the lease stay the same.

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    Q. How much notice does a landlord have to give a tenant regarding sale of the rental property?

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    I live in cambridge, ontario and moved into a rental bungalow dec. 1/ 07. my landlord informed me april 22/08 that they were putting the house on the market for sale as of may1/08. are they breaking any laws here, how much notice is required to give a tenant when trying to sell a property? thanks. even in the case where they are collecting rent? will i lose my last months rent deposit?

    my mom is a relastate agent and she said,she said you dont have to have noticebecause your lease is transfered with the sale un less they are asking you to move

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    Q. What happens to your lease and rights when the landlord sells the property?

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    I've entered into a lease with a great landlord/lady couple who live in the unit below (it's one of those "live-work" places but the work part was renovated into an apartment). the problem is, they are now selling the property, and an offer has been made. part of the agreement requires the new owners to accept the transfer of my lease to them. of course, now i'm worried about what could happen if they decide they don't want a tenant, and also about things like rent control! would it be easier for these new landlords to evict me based on a "valid" reason like "we want to live up there" or "we want to completely renovate it"? can they impose new rules on me, ones that weren't in the lease? i know landlords can only raise rent by a certain amount each year when the tenant is continuing to live there. however, when my 1-year lease is up, can they suddenly impose a greater increase because they (legitimately) believe that the unit should cost more and, since *they* never set that rent, they can change it or something? finally, when my lease is up and supposed to be converted to month-to-month, can they legally require me to sign a new lease or else leave (given that landlords can't do that under normal circumstances!)? any help with these questions would be great; i'm seeing if anyone can help me out for free before heading out to the more expensive people like lawyers! p.s. i live in ontario, but if you're somewhere else but think you can help, please do! the tenant acts are pretty much the same across the country and the us anyway... clarification: i'm not worried about the current lease per se here, just where i stand when the lease ends! one answer says "don't have to let you go month to month...and they don't have to renew..." however, if there was no change in landlord (i.e., based on the act as written), they don't have a choice really in whether i stay or not, and can only force me out with a valid eviction... (continuing above "details") so, given that a landlord can't legally make someone leave because their lease is up and they won't sign a new one, does this particular clause not extend to a situation like mine?

    "Ask them if they intend to continue to lease...."



    I can't imagine a contract works so very differently there, either. The lease will stay in effect with the same terms you have now. They can't increase your rent, because you already have that amount contracted. They do not have to let you go month to month when it's up, and they don't have to renew. Ask them if they intend to continue to lease.

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    Q. Who's right, me or my landlord?

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    I found this in the ontario tenant act: landlord may dispose of property, abandoned unit 79. (1) a landlord may dispose of property in a rental unit that a tenant has abandoned and property of persons occupying the rental unit that is in the residential complex in which the rental unit is located in accordance with subsections (2) and (3) if, (a) the landlord obtains an order terminating the tenancy under section 78; or (b) the landlord gives notice to the tenant of the rental unit and to the tribunal of the landlord's intention to dispose of the property. same (2) if the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately. same (3) the landlord may sell, retain for the landlord's own use or otherwise dispose of any other items if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the tribunal. i came to get my stuff exactly on the 29th of jan (moved out on the first of jan) and my landlord gave away my guitar amp to his friend. he gave me no notice or anything? this legal jargon is rather confusing to me. is what he did illegal according to the section of the ontario tenant act posted above? we all rent through a company, minto. my landlord isn't really the owner of the complex. his name is just on the lease. we all give him part of the rent money, and he gives it to minto. "mail the landlord a check for the rent, penalties, late fees, legal fees, etc and ask for your stuff back. otherwise go get a new one." i wasn't on a lease, i paid month to month (never signed a single document). i left 3 things behind, guitar amp, dresser, tv, all of which i told my landlord i would come get once i got my buddy who had the truck. i called mid month and told him buddy wouldn't be in town till the 29th and that i was still planning on getting it. btw, i never owed him any money, it was 500 a month for a shit hole, which i paid of each month on time even though i took a total of maybe 3 showers there and spent only 3 nights there (i was always at my gf's) i think he got a pretty sweet deal out of me considering i was never there and he didnt work. i was never a day late in re

    "If the tenant has abandoned the rental unit..."



    Ok, here is how it works. Minto, Smith or my self are not the owner of the place, just the manager. I don't have to be the owner of the place to throw away your stuff. You sign a lease and and they use my name as a representative of the company. You will never see the owner coming to the property to remove your stuff. That's why he hire me. Now if the unit looks empty or abandon under the owner/management's judgment, any property left behind is his to, keep, trash or disposal of it as needed. Is best for us as landlords to place it in a storage place. That way in order for you to retrieve it you will have to pay me the month's rent, late fees, penalties, storage, trips to the storage, time, legal fees, etc. Yes, I have to give you a notice to move out but, you can use my property as a storage place. You moved 1st, didn't pay and come back on the 29th to pick up your stuff. How will you like me to park my car in your garage on a bad weather day while yours is outside on the curb. Look at 79 (2) If the tenant has abandoned the rental unit. You abandon the unit. How long do you thing we as manager have to wait on you? I don't know when you are coming back if you are coming back. Now what you post is the legal way. We as managers of the property can write the lease in a way that is in our favor without been illegal. Read your lease am sure it says something like what you mention but, with the proper payment to get your stuff back. Mail the landlord a check for the rent, penalties, late fees, legal fees, etc and ask for your stuff back. Otherwise go get a new one. Good luck

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    Q. How likely am i to get reimbursed for destroyed property/thrown out? canada plz help!?

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    Okay so heres the situation i went back to my apartment (lease i my name) have two roommates, guys. and one only had an intent to rent (and sublet) the other lease signer of the apartment with me which was a girl that had already moved out. landlord accepted money/rent from subletting. which police said he wasnt too do, thats not the point of subletting. only reason i was gone in the first place was because power was turned off and the subleter of the other room was to put it in his name and had said he already did, ect. well he didnt. i leave my cat all belongings. and go back to find out he asked the landlord if he could throw out my belongings and he said yes, and ordered a dumpster for him to throw my (brand new microwave), 1yr old cmp and monitor, 27inch tv..... 4 diamond rings missing, pearl braclet, about 50-70 dvds missing, 8-10 garbage bags worth of clothes, some brand new never been worn... mail (ordered a baby diaper bag) missing, dvd player, all pillows, sheets, plastic storage organizers, (3) all papers reciepts that i had been having sent too me so i could do my tax forms, over 800 dollars in text books from college most never opened and still with cd sealed in back of text book, stethescope, blood pressure cuff, a few shoes no pairs... and missing competlely at least 3 pairs of running shoes, a few high heels and flats. 2 coats missing, cat litre thing that was 30 dollars to put the cat litre in and then u throw away later, a liter box with lid 30 dollars......picture albums, baby stuff (im 7 months pregnant)... let my cat out but claimed he got out threw the window which would be on the roof and cant get down from there(hed still be on the roof) the landlord told him it was ok to throw my stuff out one week after i had been gone!!!!!! i was only gone total of two weeks! the law here in ont. canada (police told me) is 30 days minimum!!!!!!!! and that they cant touch your stuff... as well as i am still on lease, and the subleter woudlnt let us get my stuff said it had all been thrown out, however some furniture was in the apartment still. i was able to collect all that was in the apt... and the stuff they threw out the other roommates window.. did i mention it poured several times the whole time yesterday while waiting to get my belongings........... im getting the officer a list of stuff, and hes going to check pawn shops however if he sold my valuable stuff i think hed do it too friends so wouldnt be traced... before i left the landlord and subleter said they would split and buy me a new cmp. because the police made him aware he gave wrong information tothe subleter and had no right to throw a tennants stuff and cant claim it abandonded for a month........... all my stuff in the dumpster is ruined and 3/4 wasnt even there..... subleter claimed he put it in dumpster and someone had to of taken it out and stole it...... and in that case police can't say wether someone did or dindt steal it out of the dumpster... mty landlord is just someone that works for a realtor company called remax........ my friends said i could get him fired or in huge trouble for this. the cops say i only have a civil case against the landlord and not tennant that physically threw my stuff out(unless he did pawn anything) he said to write a list out of what i do not recover, and put a value on it, how likely is it that i will get this reimbursed????? can i get him fired or reimbursed by his company????? please help. live in canada ontario............. thank you, i am very distraught i slept last night for 4 hours after being up for 2 days. i was calm the whole time during the ordeal. the landlord/tennant changed the locks on me, i called the police because the tennant at first tried to claim i was not even able too be there i was tresspassing. its being investigated, (pawn) shops will be checked for the items computer, monitor, tv, vcr, some movies, rings however all reciepts were in my room in file organizers which were either thrown in the trash or in the dumpster which very likley will not get a hold of, and in that case i dont have legal papers such as reciepts stating tuition books bought, and price that kind of thing. that is why i am afraid i wont get my money for this. the landlord and tennant offered to split the cost and buy me a new computer. i only wrote it rained for the fact if my computer in fact was put in the dumpster, i could have retrieved it and it wouldnt be ruined. now if it is there, its destroyed the police officer asked me to make a list which i am doing so and what i paid for the items, i know they wont be technically worth that much for deminished value i believe it is called. but is there any way that i can win with the police reports. the landlord stated he gave the "ok" to "gut my room" and ordered the dumpster for him to even throw my belongings into. as well as the police officers were witnesses that there were belongings of mine there. is that not being in possession of stolen property? they claim the courts ciould say i "vacated" because the tennant says i did not say when or if i was coming back however i did. the locks were changed, so even if i had came back earlier, how was i too even get my belongings. no one emailed me or tried to contact me, and no one ever told me hey were going to throw your belongings out. so is it the company that would pay for this, or if you put all three on the law suit, does that give you a better chance of winning from sum1? and i will have too write everything out but what i paid for these items and i know they may not and probably not worth as much now, but i would estimate right now from things i know are missing/destroyed property (clothes, included since all but a couple bags i took home to wash) aprox. $4200 dollars.

    "In all honesty the landlord and tenant will likely be insolvent..."



    First...whatever course of action you take, it is going to have to be a lot calmer, clearer, and more concise than how you wrote this above. That advice alone will make your case a lot stronger. Here's what I'd do in this situation. First, police are often ill-informed. They don't know the law and what they told you was grossly incorrect. Second, again, to approach this successfully you are going to have to be more concise and appear more calm. I had to read this three times just to be clear. Call the police station and ask to speak to the captain or whomever. Inform them that you want to press charges of theft - larceny. Complain that when you spoke to police before, they claimed they were unable to do anything - but you want to press charges as your stuff was stolen. It was removed from your domain by an unauthorized person. Don't cloud it up with talking about the landlord or this or that. Just put it plainly like that. Next, not just for the police but for yourself and the following step...itemize everything that was lost and it's value of replacing said item. Do not include things like "oh it was raining, etc" that doesn't matter at this point (or ever, likely.) You will hand that to the police, but you will keep a copy of the list yourself. Include items that were destroyed. Depending on the grand total of the replaceable items depends as to which court you will litigate in. You will sue the tenant. The landlord. The company. All three. You want them all in the same suit. Otherwise the blame game will be passed. Now, in all honesty the landlord and tenant will likely be insolvent - but that doesn't matter at this point. The company is whose pockets you will go after. Believe me, the company will punish the landlord for this inconvenience. The tenant is the one who actually committed the action, they too are liable. If the amount is higher than the conciliatory court limits (call your local courthouse to find out the limit) - then you need to hire a solicitor. But if the amounts are that high, hiring the solicitor will likely be worthwhile. It's always irritating when police give incorrect legal assessments. Their ill-informed ways make it good for defenders, but really screw the justice system up. If you end up in conciliation representing yourself, make very sure you are calm, clear, and concise. Do not tell your story as you did above. If you have to, write a script and stick to it. It's natural for non-lawyers to do this and perfectly ok. The magistrate would rather hear a script being read than a difficult to follow ramble. Good luck

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    • 55% - Can a landlord sell a house that is rented ontario?

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    Q: Can my landlord sell my property in ontario?
    • What do i do if my landlord is going to sell the property canada?
      - Landlord wants to sell property ontario
    • What are tenants rights when unit is for sale ontario?
      - Tenants rights ontario when house is for sale
    • If tenant abandoned property manitoba canada?
      - Ontario landowner tenant act abandoned property canada
    • I am a tenant and the property has been sold do i have to move?
      - In ontario can i evict my tenant before the lease is up because i want to move back into my property
    • Can a landlord keep vehicles left on their property in ontario?
      - Landlord and lien on property ontario
    • Can a landlord in ontario kick you out if he sells the house?
      - Rights for tenants in ontario whose landlord sells the rental house
    • How many months can my landlord give me to leave alberta?
      - My landlord is selling the house can i leave eairly
    • How much is landlord able to raise the rent on commercial property in ontario canada?
      - My landlord is selling the house i rent how much notice must they give me to find another location in ontario canada
    • What if my landlord puts the house up for sale ontario?
      - Whats happens when landlord puts house for sale that i m renting in ottawa
    • What happens in ontario when a condo unit is sold that is occupied by a tenant?
      - Hst and selling a tenant occupied home ontario
    • How long before i can show a rental property before the current tenant moves ont?
      - Quebec rental property sale notice tenant
    • Can a landlord force a tenant to sign a lease after they move in ontario?
      - Ontario landlord tenant showing unit to new buyer during lease
    • Can my landlord have an open house ottawa?
      - Ontario landlord tenet open house
    • When a new owner takes over rented units toronto?
      - Ontario landlord if i have a lease can owner sell
    • I signed a 1 year lease in nj and landlord wants to sell the condo now?
      - Signed a lease then found out my landlord is trying to sell the house
    • What to do when you move and lanlord sells house toronto?
      - My landlord sold the house i live in toronto ont
    • What happens to tennants if rental building sells?
      - Abandoned stuff in commercial rental building
    • What happens to my stuff if i don t pay my storage unit saskatchewan?
      - Renter rights when unit is being sold saskatchewan
    • I just took up tenancy in a house in ontario canada condition was she wasn t selling as soon as i moved in she put it up for sale?
      - Just moved in to a rental unit and owners are selling ontario canada
    • What if my landlord sells the house alberta?
      - Ontario canada landlord sells house
    • Who gives me notice if my landloard sells his house in ontario canada?
      - Open house tenants rights canada ontario
    • I cant get my mortgage renewal can i evict my tenant and sell the house?
      - Tenant right sell house compensation toronto
    • Can my landlord sell the house im renting in ontario canada?
      - Canada ontario landlord wants to sell house
    • What if landlord constructs building for sale?
      - Toronto rules landlord selling occupied building
    • Are tennants renting a house in ontario canada obligated to have a open house when owners sell?
      - My landlord is selling the house i am renting in ontario canada
    • How much notice required by a landlord to end a tenancy in ontario?
      - Im in ontario canada can i ask my landlord for proof of sale of rentle property when i get a notice of eviction
    • What happens when the landlord sells the property canada?
      - My landlord sold the house i live in paid first and last now wants to charge me different since rent has gone up since canada
    • If i am on month to month how much notice does the landlord need to give me in toronto?
      - Benefits of month to month rental agreements inontario
    • Can my landlord have an open house?
      - My landlord is selling the house im living in in ontario
    • I am buying a rental property can i set the rent price in ontario?
      - Ontario sale of rental property tenancy termination
    • Can i evict a tennant if i want to take back my property in ontario?
      - Ontario law commercial lease continue after the sale of property
    • What rights do i have in toronto if my landlord decides to sell his house 3 months before my lease is finished?
      - Landlord to sell apartment earlier than lease toronto
    • I want to sell my half of property ontario?
      - Ontario notice to tenant sell the property
    • If an owner changes can i break my lease ontario?
      - Owner wanting to break a lease in calgary
    • Can landlord dispose my property ontario?
      - Landlord selling rental property ontario
     

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