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What are rights of ontario landlord when selling house

 
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Kathe


What are rights of ontario landlord when selling house? Mildred
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    Q. How much notice does a landlord hav eto give a tenant to show a house for selling?


    24 hours
    Someone said: how much mnotice dose a andlord have give a tenant.....how u say 24 hours...it 62 days in toronto
    Someone said: It's not 62 days in Toronto you idiot. It's 24 hours all over Ontario.

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    Q. Can my landlord refuse to let me take a roommate now, if when i moved in he agreed, if they had a reference?

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    I'm living in new brunswick, canada, and i don't have a lease. when i moved in we discussed this, and he encouraged me to get a roommate (it's a 2 bedroom apt), he just wanted a reference first. now he's trying to sell the house (it's been on the market for 4 months now and no serious prospects at the moment) and he says he doesn't want me to get one, because it would "complicate things". is he legally allowed to refuse me? i doubt he could find reasonable objection to her, as she would have excellent references.

    "Don`t know about new brunswick,in ontario your landlord has the right to choose who..."



    I don`t know about New Brunswick,In Ontario your landlord has the right to choose who lives in his property .What he is worried about once you move in it`s hard to get them to move after.If the new owner wants you out he may not be able to close the deal till your out. Besides who would want to move in when you be told you have to move at anytime.

    This answer closely relates to:
    • Landlord is selling house what are my rights ontario
      • How much notice my landlord neet to give me to move when he is selling his house in ontario?
      • Can my landlord give 30 day notice to move because she selling her property?
    • My landlord is selling the house what are my rights ontario
      • Can the landlord tenant board make my landlord move my parking spot in ontario canada?
      • How much dose a landlord have to give a tenant to move when he is selling his house?

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    Q. Canadian question? if you are in a rental home, and they decide to sell it, is it legal for them to change the?

    Powered by
    Locks, so they can show the house if you are not home? thought they have to give 24 hr. notice, and someone has to be home.

    "The landlord does have the right to enter..."



    This depends on the province in which you live. In Ontario, and landlord can change locks in a rental unit but must immediately provide a key to the tenant. Similarily, a tenant must provide keys to a landlord for any locks they have added, and can only add/change locks with the landlords permission. As for entering the unit, the landlord does have the right to enter the unit with 24 hours notice to show the property to a potential purchaser and/or real estate agent. The tenant does not have to be home.

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    Q. Can a landlord give an eviction notice on plain sheet of paper?

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    Can the landlord give an eviction notice just my writting it on plain paper to evict a tenant from a basement apartment in a private home .the landlord is evicting because they want to sell the house and they say the reason for eviction is that the stuff in the basement apartment makes the house not sale able , but the the owner agreed from the beginning and the tenant got permission to bring in personal stuff , all is in plastic rubber maid boxes and stored on nice storage shelves ,but the landlord has now changed there mind and wants it out and is giving an eviction notice if the stuff is not removed , i guess the owner has not figured that the buyer might want to keep the tenant in the basement for the income of the rent it provides ,that is a plus when it comes to selling a house for some people . the location of the owner is in ontario canada .

    "Renter and landlord rights are set out in the ontario residential tenancy act..."



    No. Some bad answers. Renter and landlord rights are set out in the Ontario Residential Tenancy Act. Ending a tenancy requires extremely specific steps. First, they can't give you a notice of eviction. An eviction notice requires notice to the Ontario Residency Tenancy Branch after you fail to leave after receiving some actual notice. Second, in order to end a tenancy, a landlord must fill out one of the forms required by the ORTA. A separate form is required for each purpose (for example, N4 is failure to pay rent, N5 if for the building to be used for different purposes, etc.) They must print off and fill out these form and must post them to you. Hand written notes, emails, etc. are not enforceable. The smart thing to do is ask for a proper form as required by the residential tenancy act. I don't recommend just ignoring it... while perfectly legal, it doesn't go you any good to have locks changed and then have to call the police, go through the Residential Tenancy Branch, sue, etc. simply because the owner either doesn't know or care about the act. You need to start covering yourself and making yourself look as reasonable as possible. Do not move a single thing out. Do not agree to put anything in storage. Don't stop paying rent or even asking your damage deposit be used as rent. These will generally be seen as you having already agreed to move out. Don't waste your time arguing with the landlord. If they want you out of the home before selling it... fine. Many new owners want previous tenants out so that they can raise the rents or they may want you out because the rental is not legal. You can write a nice letter stating that you would be willing to stay month-to-month while the owner puts the home on the market and would be willing to stay or leave, given 30 days notice, if the new owner does not wish to rent the unit out. Make it seem positive. However, don't push it and start looking for another place -- no matter what.

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    Q. My landord has my house for sale and his realtor has crossed the line with me. what are my rights?

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    London, ontario - i have lived in my apartment for 2 years and my house has been for sale the entire time i have lived here. my landlord fails to sell the house and continues to switch realty companies. this has not been a problem until the recent realtor was hired. this woman has crossed my line on several occasions. she has failed to provide written, 24 hour notice on several occasions and would instead call my cell phone while i am in class. i requested her not to do this but she did anyways. the last time she was here, my boyfriend was in the shower when the people came to view the property. upon hearing a knock on the door he looked out the front window to see the realtors husband urinating into a cup, which he then took and dumped into the street out front of my house. i called the landlord to complain and he sounds infuriated that this had happened. later in the day, another group of 6 - 7 poeple showed up (which no written notice was given for). when they left i was very frustrated and phoned the realtor myself, since it was clear that my landlord was doing nothing to resolve the issue. i said to her very clearly (which i have previously done before) "do not call my cell phone, lose my phone number, i want delivered, written, 24 hour notice (which is the law) everytime a showing is planned!!" her response was "well, why did you answer your phone when i phoned if you were in class"...i told her she has no right to ask me such questions and that she shouldn't even have my phone number. at this point i included the 'f-word' in my response. she then hung up on me. within 10 minutes, this woman was at my door shouting, with the landlord, while my 3 year old daughter stood in the living. she said "how dare you curse at me!! you will be in big trouble little girl, you'll be sorry!!!!!" then she told me to close my own front door. i told her to get the f*** off of my porch or i am phoning the police. my landlord just stood there!! i ended up phoning the police, which did nothing! people treat me like i am inferior to them because i am 24 years old! i have had enough but i dont know my rights. how is it that these people are allowed to bully me in my own home that i fully pay for every month? i want this lady out of my life and my landlord to pay for this! help!! i dont know my rights!!

    "Have notified you in writing that the property is for sale- they now still..."



    I looked up the Canadian law on this. It appears that once they have notified you in writing that the property is for sale- they now still have to give you 24 hour notice but the notice for showings can be by phone. This may be what they are attempting to do. If you have a binding lease any future owner would probably have to honor that lease (I know they have to do so in the US). I find that I get better co operation if I do not curse or yell and people but maybe you have found the opposite. I would contact the owner and tell them specific times or days that are difficult for you to have the home shown. Also I would install a sliding bar on the door that would prevent entry if I am inside in the shower or such and someone is trying to gain entry.

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    Q. Did our landlord terminate in bad faith?

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    If anyone knows about rental laws in ontario that would really help with this question. we rented a detached house in scarborough from march 1, 2009 to december 31, 2009. we were on a one year lease, but a few days after our son was born, our landlord told us we would need to move out in march 2010 when the lease was up because he was moving back in because his mother was very ill and was going to live at his new house. he then charged us for a water bill that was issued for the last month we were there up until march 1st, 2010. he said he would give us a break as the house has sat empty since we left. we then drove by tonight and the house is up for sale. so he asked us to move at the end of our lease because he wanted to sell the house, not live in it. we terminated early because moving in march 2010 would have been out of the question due to work commitments. we also rented from him because he told us it would be a long term lease, and considering i was preggo at the time, long term was what we wanted. we are looking to nab him on terminating for a reason the landlord knew to be false because he is has sent us to a collection agency because we refused to pay the entire water bill as we had only used one month of water. does anyone know if there are grounds for us to send him to the rental tribunal? he won't leave us alone and we'd like to get him back. we terminated in good faith thank you very much. it was all legit. we signed a contract to terminate early because as i said... moving in march would have been impossible. hard to sign a longer term lease as well when you cannot. we just got screwed around i guess and we have to deal.

    "As you had all rights to the property until the end of the lease..."



    By common law you did not have to terminate your lease when you did as you had all rights to the property until the end of the lease in its original term. You decision to terminate the lease prior to the end of the lease puts you in breach of contract unless the landlord agreed to your termination. If he didn't but you vacated anyway and stopped paying rent, the landlord is due the back rent plus any utilities charged during that time that were included in the original lease. The way it sounds, the landlord kept up his side of the bargain by not asking you to leave until the end of the lease term too. The reasons for not renewing the lease in March of 2010 are irrelevant and completely the prerogative of the owner. Sorry, but the landlord did not terminate in bad faith. The next time you are looking to rent in the long term and want to avoid a similar situation, all you need to do is sign a longer term lease.

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    Q. Ontario renter's rights and legal aid?

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    My retired parents currently rent a condo in mississauga, on, have problems with their landlady. she is from sri lanka and only has a rudimentary knowledge of english and many problems seem to stem from miscommunication. they signed a 1-year lease and moved in april 15 2007. the lease should expire apr 14 2008. the landlady does not want to renew their lease because she wants to sell the house. she insists that the lease terminates march 15 2007 even though my parents gave her 12 post-dated cheques when they moved in last year. she drops by unannounced with potential buyers. i would like to seek (preferably free) legal advice for this - where can i turn to? they have asked for an extension of the lease since their new house will not be ready until july 2008. the landlady said no at first, then she agreed, then she declined again. is she able to ask us to move even though they have asked to stay on for 4 more months? if so what are their rights and hers if they have to move? thanks for the link. one thing i got from the website is that their landlord has to give them a "notice of termination". does this have to be written or just oral? my parents have not received any document of termination. no details were given, or maybe i just haven't reviewed the site enough.

    "Can i vacate the property before the term of the fixed lease has expired..."



    I have this site bookmarked. Hope this helps! http://www.ltb.gov.on.ca/en/index.html My understanding is that it has to be in writing and also she is breaching her own contract. If she still does not comply, let the last cheque bounce (it may hurt your parent's credit report though and painful to make a move for additional 4 months only). Found something more: Q. Can I vacate the property before the term of the fixed lease has expired? A. Yes, you can end the lease prematurely if you serve the landlord with a Notice of Termination which clearly states a valid reason for ending the lease before the term is up. Source : http://www.lawdepot.com/contracts/noticelease/faq/#vacate

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    Q. Should we sell or rent ?

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    My dad has found a property that is to good to pass up and is qualifffied for a bridgeing loan if we get a renter or a firm offer on the house we have now i dont think we should sell because he only has 100,000 left on his current morgage and if we rent for 4 years and pay some extra money he can get this morgage payed off and the bridgeing loan in 5 years as well as comming out of it with alot of money is renting really that complicated and is it worth the hassel to be morgage free and fianicaly well of in 5 years instead of 15? also are house is up for sale right now and can/how do we get rid of our realesate agent ?

    "Be familiar with the landlord tenant act though to ensure that..."



    I rented out my condo when I had to move to another town for work. It hasn't proven to be a hassle as of yet. Have a good lease in place that spells out everything you're concerned with. You can find and down a lease at LawDepot.com (I live in Ontario, Canada and found a relevant one to the landlord tenant act with our local legal terms on this site). You can edit it to suit your circumstances. Be familiar with the landlord tenant act though to ensure that you do not violate your tenants rights and that you know what your rights and responsibilities are as the landlord. I have been lucky to have good tenants so far, but the key to that is to CHECK REFERENCES!!! Very important. Also do a credit check or have them provide a current copy of their credit report from Equifax. There is also some good information for new landlords at CMCH http://www.cmhc.ca/en/co/reho/index.cfm I wouldn't sell it if I could have it paid off in a few years. Good luck!

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    Q. Am i being reasonable or naive by letting my landlord increase my rent?

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    I moved into this apartment three and a half years ago. the rent is $375 per month plus utilities (except water). one year after i moved in, the house was sold and i signed a new lease with a new landlord. he has done significant work on the apartment. since then, he has wanted to increase the rent. i had told him at first that he should go through the ontario rental & housing tribunal. i know that i need at least 90 days written notice and that the max increase per year is something like 4% - unless there has been work done. my boyfriend is moving in next month. the landlord feels that this will significantly raise his water bill. he already wanted an increase. so i offered to pay $100 more effective feb 1st. he asked for $500. we settled on that amount. i don't mind, and will be sure to get it in writing. i am afraid that if i don't try to be fair with him, he is going to kick me out. he has mentioned before that he could do that since he wants to tear everything out anyway. we have also agreed that if my boyfriend ever moves out, we will decrease the rent. i am just trying to stay on good terms with him. he doesn't really seem to pay any attention to the rental laws (like giving 24 hour notice before entering). i do feel somewhat afraid to stand up to him since i don't want to give him any reason to evict me. i think i worded it a bit wrong - i offered a $100 rent increase (bringing it to $475). he wanted a $125 rent increase (for a total of $500). my bad. should have proofread. sorry.

    "That he obeys the basic rules of landlord courtesy..."



    It sounds like you already tried doing this to some extent, but maybe you should sit down and compile some info for him, since he obviously doesn't understand that you have rights as a renter -- the 24 hour rule in particular is one he should respect. It sounds like he disregarded you in the past, and obviously you want to stay there badly enough to agree to a rent increase (if he really fixed it up a lot, he is probably fairly due a rent increase anyway, like you said). 500 dollars seems like an excessively high rent hike, but I don't know what rent is like in your area (maybe your original rent was very low?). It sounds like him thinking the water bill will go up is just a BS reason to raise your rent though. Water isn't THAT expensive. I would say as long as you are still paying fair market rent for your place you did fine in agreeing. However you really should make sure that he obeys the basic rules of landlord courtesy . If he tells you he wants to come over wihtout giving you the 24 hour notice some particular day (does he call ahead?), and thats okay with you (I imagine in most cases it is) then you should gently remind him that while you don't mind today (he DOES call right?) you may not always be available at such short notice. Also make sure he knows he can't enter without notice/you being there or giving permission.

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    Q. Utilities are included in our rent (by the lease), but landlord is not paying bills like mortgage and hydro?

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    We live in a rented house (just moved in 2 months ago) which we pay 1600/month for (it's shared). we're on a 1 year lease with no consequences for breaking the leave with 30 days notice. we live in ontario. the bills and stuff are delivered to our house even though the landlord doesn't live here, and we've been seeing notices for unpaid mortgage and 3rd or final warning for unpaid utilities like hydro (we don't open them but we can tell what they are a lot of the time). what happens to us if the landlord does not pay mortgage? the house will go to the bank, but are we simply transferred along with the house, to be taken over by the new landlord? (the bank. ). also, what happens if the landlord doesn't pay utilities and our hydro, heat, or hot water gets cut off? it will be winter in a few months, and if our hydro gets turned off, i doubt we'd be able to get it sorted out before it got unlivably cold. even if it does mean we had to pay the bill ourselves (or part of it). we really like the house, as its huge, perfect location, right price, perfect everything, so we really don't want to move. should we just trust the landlord is paying the bills (maybe by direct deposit or something?) or should we ask him whats up. i don't wanna have to find a motel at 1am some morning because we have no power. these things are included in the 1600 we pay, according to the lease, and they are explicitly noted. we just have to provide our own phone and internet if we so choose.

    "Are making the utility payments to the landlord and he is to be paying..."



    If it is in your lease that you are making the utility payments to the landlord and he is to be paying them, then I would contact the utility companies with a copy of your lease agreement. Then I would contact an attorney. If he house is foreclosed on, you will generally have 3 months or so to get another place. In the meantime, it really would be in the Realtors best interest to keep the place occupied until it sells. But again, see an attorney and good luck

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    Q. How to get rid of the tenants and keep the house for my own use?

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    I and my husband just bought a house with 2 rent tenants in toronto. now we are thinking of not rent the house anymore and keep it for our own use.we do not sign any lease with them yet. we tried to talk to them, hope they agree to move out themselves but failed. we went to landlord and tenant board but things are seems like all good for the tenants. now we have 2 problems: 1) they are refused to move out even after we explained our situation and give them 60 days; 2) the previous landlord do not co-operate us and do not tell us how long is the lease he signed(written or oral) with them. desperate now..... any one knows some lawyer can do this or have some ideas how to process this kind of thing legally and smooth? thx i got no intent to be disrespectful of the tlb as well, but i've search google for the whole night and nothing shows to strongly protect landlord. i don't know about others, but i am a new immigrant, i've tried my best to purchase a home for myself, now, i feel no protection....i dont want to be mean to the tenant, if renting is a business, it isn't my choice to end it after the lease expired?

    "Tenant board is mandated to uphold the ontario residential tenancies act not take sides..."



    With no intent to be disrespectful but there are several details in your post that are problematic. 1. The Ontario Landlord and Tenant Board is mandated to uphold the Ontario Residential Tenancies Act not take sides 2. You have said the previous landlord has not cooperated with and told you how long the lease is. By previous landlord you must be referring to the vendor who sold you the place. He has no choice and the contract to purchase would not be completed by the agent, the bank or your lawyers if this detail were left out. 3. The vendor who sold you the property had the option to give the tenants notice on your behalf as per The Ontario Residential Tenancies Act. Please note the following: 49. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by, (a) the purchaser........ Edit: Your solution to this quite simple. Since no one seems to know how long the lease is with these tenants then you assume they are on a month to month tenancy until they prove differently. You have given them a 60 days notice. This is your legal right when you wish to take possession of your home for your own use. If they're not out by the 60 days then you serve them with an eviction notice and file with the Ontario Tenant and Landlord Board for an eviction order. If what you have said is correct you will get such an order and that will be served to the tenants. They will have no choice but to vacate. If they do not move then they can be forcibly removed by authorities. You do not need a lawyer to do any of this. As I've said, if they're on a lease then they require proof that it is more than a month to month tenancy. It is as simple as that.

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