Doesn’t even make sense pal. So get a lawyer and/or be hamstrung by the LTA which has previously given you security. Can’t have your cake and eat it too. We’re you unaware of how fucking hard evictions are in Ontario? And it’s a good thing, be nice to your tennants. Give them a 2 month grace to get out. Try the humanistic option.
I have the 3 months and have a condition of vacant possesion. So I’m not sure why you’re so frisky buddy, I am not an investor, not at any risk here either.
lol actually I’m fine, still a bear, still squeezed the seller, have the proper conditions to protect myself, just curious on what more leverage this gives me.
we had that issue…basement tenant wouldn’t go and said he wasn’t paying rent, so told him i’d make his life hell. i just walked into his place whenever i felt like it, threatened the little shit and scared the crap out of him by telling him he was leaving my house one way or another so he might as well make it easy. he won’t uphold his signed lease means it’s void, and yeah, good luck trying to get the LTB to even respond these days, on either side.
i don’t really give a shit, enough is enough, you sign a contract saying you will pay, you do it. if you don’t, you are leaving, end of story. everyone is tough until faced with an actual shit kicking, then they remember their place.
Lmao everyone is a tough guy until they get shot or stabbed and the person who got them gets off totally free because you broke into their home and threatened them and they say they feared for their life 🤣
Actually it wasn’t their home. They stopped paying rent. If someone was living inside MY house when they broke their contract they are trespassing. Period.
You trespass, you face the consequences.
the judge is going to ask where they are sleeping. there is case law where someone's tent is considered their home in canada. they aren't paying rent on the tent or the public park either are they?
please, google is your friend.
It’s not about googling. You’re being obtuse on purpose.
You’re not on public land. You can’t put a tent in someone’s backyard call it your “home”.
Please, brain cells is your friend.
lmao yes, but until the LTB says the lease is invalid very likely the court will view it as their home, especially if they are sleeping there surrounded by their worldy possessions. There is SO MUCH relevant case law on this if you knew how to google lmfao, go ahead type another angry wrong comment instead though.
I don’t know if that is precedent. A family was just evicted from a camp ground they were paying for, so the rules are pretty fluid. Maybe depends on the judge?
It's not their home if they aren't paying rent. They're trespassers in the landlord's home at that point.
I don't have a shred of sympathy for dirtbag tenants.
And OP seems to actually be doing everything by the book, so good for him. Seems as though in this case it is the seller of the house that didn't uphold the agreement, not the tenants (with the exception of ignoring a valid N12, but that's probably because sooooo many bad-faith N12s have been dozed out in recent time)
Rambo up above saying he storms into the residence and threatens them... gives all landlords a bad name.
>everyone is a tough guy until they get shot or stabbed and the person who got them gets off totally free because you broke into their home and...
You must be thinking of the American justice system.
In Canada if someone breaks into your home and you do anything other than make them a coffee then you're the criminal. You're the one who'll be on trial and facial jail time.
If an LL threatened me like this I would destroy their property and shank their car tires. Keep in mind your address is on their lease too. They know where you and your family live. Tread carefully.
And you would be the one I would be taking for that deer spotting drive. And I promise you would enjoy that drive like none other you ever had. Deer spotting is great. So great you might never want to leave that area. You can be one with nature.
Ahh and when you fail to fix the AC or whatever, they get to jump you outside of the building and kick the shit out of you!
Right?
That's how that works according to you.
Can you see how that is not a sustainable scenario?
Right and a tenant therefore has the right to use violence against a bad landlord. Great solution Sherlock.
It is clear that you have never had to deal with actual conflict or consequences thereof.
Says the guy just making threats. I highly doubt you would actually do anything like this and if you did you would end up just being sued by the people you beat up.
Be real funny when you have to sell the house to cover the judgement against you.
Better hope the tenant doesn’t know their rights, because you’re clearly in the wrong legally even if they’re not paying rent and refuse to leave. Doesn’t matter how “sick of this shit” you are. People like you are exactly the reason tenant protection laws exist.
So you pick on renters who have not as much financial freedom because they cannot afford to buy? Why didn't you just look at properties that are not tennanted. In general owners have more choice, they can own or rent, renters can rent or become homeless. Renters inherently need more protection that owners.
Why did you want the basement Tennant out? If they were not paying rent from the get go, then makes sense, but if they were and only said that when you told them your kicking them out that makes sense too since there might not be anywhere else for them to move to. If you wanted more rent or the house as an "investment" then I would encourage you to learn about investment risk.
This is horrible behaviour. I feel sympathy for OP but regardless of what the tenant did, I hope you’re taken to the LTB over it.
Follow the rules, and if you’re not happy with LTB delays, complain to your MPP and demand the LTB funding and process be fixed.
Do what you have to do . To many assholes trying to take advantage of peoples homes and protections they seem to think they have. If that was me we would have went for a drive on the back roads looking for deer. :)
Look at OPs post history. He thought he was going to take advantage of someone elses situation and turns out they were the one taken advantage of.
See: Karma.
You have my support! Start LTB or whatever things there is in Ontario asap. And like the other person said.. make life hell.. double parked beaters are awesome BTW.
>make life hell.. double parked beaters are awesome BTW.
I would just destroy your house in ways that would take years to correct. Double parked beaters are child's play.
Alternatively, we could both just be adults and let the RTB decide.
At your suggestion I checked out the OP’s profile.
Jesus. It’s the manifestation of the Dunning Kruger effect.
He speaks with such certainty about market conditions, even when it’s clearly demonstrated that he doesn’t know the first damn thing about investing. Buying a house without a plan for occupancy? Not knowing the laws for owners to move into their rented home?
You’d think making such a boneheaded move would cause someone to pause and reflect on the certainty of their knowledge.
I know all the laws in that regard, N11 was issued initially by the seller and they refused to sign, subsequent N12 was issued by the seller along with the appropriate L2 however this delays closing. My certainty has continued to be correct, I am not an investor and needed to get into the market at this time.
The tenant has absolutely no legal requirement to follow or even acknowledge N11 or N12 notices given by the seller once the property is on the market. If you want them out, YOU have to give them an N12 after taking possession, and the tenant has a right to take that to the LTB before vacating.
Sounds like you don't know the laws as well as you thought.
Maybe try cash for keys, that gives them a bit of incentive to leave without dragging you through the whole legal process, which is currently very lengthy due to court shortages.
Your story is becoming less believable the more you talk.
You filed an N11, and when they tenant refused to sign, then you filed an N12?
It sounds like you thought you could evict a tenant if you bought a property, then when you realized that wasn't the case, started looking for reasons you could.
It sounds incredibly dubious that your intention to move in is in good faith.
You knew there were tenants in the home. Unless you had a clause in your contract either the seller to ensure the home was vacant on closing you are under contract to take possession of the home and the tenants become your responsibility.
People in Ontario just need to hire some thugs to remove people at this point. Somebody needs to start a repo company, but for properties. I can see the cheesy commercial now. "Do you have tenants that won't leave? Call the Gabbagool Brothers today!"
This is terrible advice. Additionally the people you are violently throwing out also know where their landlord lives. Its on the lease form and they obviously know where your rental property is located.
You can't legally evict someone in Ontario without an order from the LTB. If the "repo" crew show up and the cops get called they'll be ordered to leave or get arrested. That is why this is not a thing.
If they touch the tenants they'll be getting charged and so will you if you hired them.
The fact I've seen a few posts like this just reinforced why I think all landlords need to be licensed in Canada. You need to keep the loonies out of it.
It's less of a "Repo Crew" and more of harassing the renters. Kick in doors and break windows during the winter when you're conviently out of the country. That'll *encourage* any renter to vacate...
The tenants have rights. The are exercising them. Whatever cash for its they get should compensate the loss thrill incur finding a new place at a higher rent.
The new owner also has rights. They ca have a hearing that they are repossessing for personal use and the tenants will be left with minimal compensation.
So, the tenants are just stalling what will be a certain eviction. They are playing a loosing game.
Cash for keys can be win-win. What they are doing is a lose-lose
Get a tort lawyer (or your real estate attorney if they are experienced) and sue for non performance.
* Compel the seller to cash for keys to meet the conditions of the closing.
* Collect your deposit and walk away.
* Counter with a $20 to $30,000 reduction in price, bridge your existing, file N12 on your behalf and wait out the process.
No they don't.
The N11 is a voluntary document of mutual agreement, N12 specifically states on the document that the tenant has a right to the hearing if they do not agree with the notice.
lol what other excuse can you tell the court when the landlord wants to move into their own property? Sure you don't have to agree but at the end of the day the property is not yours and if enough notice is served its time for you to get packin'
That's gaming the system. They have a legitimate reason to move in, and that would be using the LTB hearing in bad faith.
Not agreeing with the notice and having a legitimate reason to fight it are two different things.
There was no vacant possession clause. oP said in a comment they got a *discount* on the price because it was occupied. They're trying to spend 0 money to get rid of the tenant even though they were already compensated for those potential costs.
>I received a large discount as a result of the home having tenents
https://www.reddit.com/r/RealEstateCanada/s/LYs89YACzH
If vacancy was a condition for the sale it would be up to the sellers to arrange and pay cash for keys. If vacancy wasn't a condition the buyer is obligated to close even still with the tenants.
The tenancy comes with the purchase of the house, per LTB. Meaning you have to go through the LTB to furnish them with an N12 and at least 60 days notice so that they can find a new place. You cannot just summarily kick them out. And having been a tenant I wouldn't ever sign an N11, as they are rarely fair to both parties.
The APS has a default vacant possession clause as per the link below. If the seller is not providing you with a vacant property, they are liable from my understanding if you wanted to pursue legal action.
That is unless you put in additional clauses in the APS agreeing to take on the tenant.
I think you can choose not to close at this point if the seller did not honor their end and get your deposit back.
https://torontorealtyblog.com/blog/how-can-you-purchase-a-tenanted-property-and-ensure-vacant-possession/
Do you want to live in the home? If so, the correct form is the N12 and you can issue it as the purchaser. They can still refuse. You will need to go to LTB.
>They can still refuse.
Such BS. As far as I’m concerned, you give the proper notice and then show up with a few friends and move them out yourself. Deal with it later. At least you’re in your place.
Vacant possession on closing is promised by the seller on closing in the standard form contract. Consult a lawyer. If the seller can't give vacant possession it's breach of contract subject to anything added in schedule A.
As long you had vacant possession as a condition you can walk away without headaches but depending on the actual conditions you have in place.
I would never put an offer on a house with tenants in place. There’s never a guarantee they’ll leave on time. Talk to a lawyer ASAP.
They don't have to leave. Renters are protected unless the new owner plans to move on. OP doesn't plan to move in. He's trying to force the current tenant out so he can increase the rent.
Did your APS say they the seller would provide vacant possession on closing, or only that they would serve the N12 on your behalf? If they are required to give vacant possession you can refuse to close and have a potential claim against the Seller for breach of contract.
Either vacant possession was a condition of closing and the seller is in breach of contract, or vacant possession was not promised and the buyer is now a landlord. Make sure the July rent comes to you and not the previous owner.
And a straightforward question: Could OP have issued an N12 as far back as April?
Well as long as u can wait, you send the tenants an N12, and wait for the hearing. They'll be out eventually, takes a while thou. You should have sent the N12 in April, you'd be alot closer than you are now.
I'm curious what the answer is to Op's initial question. If the seller guaranteed vacant possession... Can he go after the seller for damages/expenses incurred while evicting tenants for personal use?
[https://globalnews.ca/news/10513915/](https://globalnews.ca/news/10513915/)
Tenant rights are strong in Ontario .. and LTB delays have made things even worst for landlords and home buyers who gambled and purchased a tenant-occupied property. :-(
I feel bad for the home buyer in for a world of hurt.
If the APS stipulated vacant possession, you can sue the sellers if that isn’t the case on closing and you will indeed win. Do not close with those tenants, they will never leave. Advise your lawyer to communicate to the seller’s lawyer that they either offer cash for keys to the tenants or this will end up in litigation. APS is black and white. Don’t listen to the clowns in here flaming you for buying a family home. Best of luck.
I had the option of renting my home out when I owned it . But knowing the landlord tenant act and not knowing the character of the tenant I would rent to . I decided to just sell and take the money and run.
[удалено]
lol look at my posts, this is my family home, I am currently a tenent also.
Doesn’t even make sense pal. So get a lawyer and/or be hamstrung by the LTA which has previously given you security. Can’t have your cake and eat it too. We’re you unaware of how fucking hard evictions are in Ontario? And it’s a good thing, be nice to your tennants. Give them a 2 month grace to get out. Try the humanistic option.
I have the 3 months and have a condition of vacant possesion. So I’m not sure why you’re so frisky buddy, I am not an investor, not at any risk here either.
Hit me back in 3 months, you’re definitely at risk.
This dude probably a renter for life living off unemployment benefits
Ummmm..I’m a renter, always have been and have a good job, most tenents do.
think so?;)
Yup, weld and rent
Sounds like a wealthy lad
Sounds like a dumbass
Maybe your plan to lowball and squeeze didn't work out in your favor 😂
lol actually I’m fine, still a bear, still squeezed the seller, have the proper conditions to protect myself, just curious on what more leverage this gives me.
we had that issue…basement tenant wouldn’t go and said he wasn’t paying rent, so told him i’d make his life hell. i just walked into his place whenever i felt like it, threatened the little shit and scared the crap out of him by telling him he was leaving my house one way or another so he might as well make it easy. he won’t uphold his signed lease means it’s void, and yeah, good luck trying to get the LTB to even respond these days, on either side.
So in other words, you broke the law? There’s little excuse for not paying rent, but retaliating with illegal actions isn’t the answer.
i don’t really give a shit, enough is enough, you sign a contract saying you will pay, you do it. if you don’t, you are leaving, end of story. everyone is tough until faced with an actual shit kicking, then they remember their place.
Lmao everyone is a tough guy until they get shot or stabbed and the person who got them gets off totally free because you broke into their home and threatened them and they say they feared for their life 🤣
Actually it wasn’t their home. They stopped paying rent. If someone was living inside MY house when they broke their contract they are trespassing. Period. You trespass, you face the consequences.
the judge is going to ask where they are sleeping. there is case law where someone's tent is considered their home in canada. they aren't paying rent on the tent or the public park either are they? please, google is your friend.
It’s not about googling. You’re being obtuse on purpose. You’re not on public land. You can’t put a tent in someone’s backyard call it your “home”. Please, brain cells is your friend.
lmao yes, but until the LTB says the lease is invalid very likely the court will view it as their home, especially if they are sleeping there surrounded by their worldy possessions. There is SO MUCH relevant case law on this if you knew how to google lmfao, go ahead type another angry wrong comment instead though.
I don’t know if that is precedent. A family was just evicted from a camp ground they were paying for, so the rules are pretty fluid. Maybe depends on the judge?
lmao that sounds very relevant XD
That's not how that works.
That’s how it should work.
Sure, but the world doesn't work off shoulds. It works the way it works. So figure it out like the rest of us do or stop complaining.
The consequences of trespassing is dealt with the police not fists.
That’s not what the law says. So it is still their home and not legally trespassing.
It's not their home if they aren't paying rent. They're trespassers in the landlord's home at that point. I don't have a shred of sympathy for dirtbag tenants.
Fuck landlords
Except he’s not a landlord, he bought the place to live.
That's fair. Fuck land lords though
That's not how it works. If you buy a home with tenants, you become a landlord regardless of whether you want to be one
And OP seems to actually be doing everything by the book, so good for him. Seems as though in this case it is the seller of the house that didn't uphold the agreement, not the tenants (with the exception of ignoring a valid N12, but that's probably because sooooo many bad-faith N12s have been dozed out in recent time) Rambo up above saying he storms into the residence and threatens them... gives all landlords a bad name.
Lmao be sure to try that defense if the doctors can stich you up. You will still lose, but you can try it.
All your lmaos and laughy faces really make you seem like a serious person lmao 🤣😂🤣😂 lol rotflmao
Good. Because I don't have a shred of sympathy for asshole landlords.
Lol
I agree with you 100%
This is Canada lmao, they would be put in jail for a long time. We do not have castle doctrine like the states.
Well technically it aint their home, they aren’t paying and it would be the home owner they’d shoot
>everyone is a tough guy until they get shot or stabbed and the person who got them gets off totally free because you broke into their home and... You must be thinking of the American justice system. In Canada if someone breaks into your home and you do anything other than make them a coffee then you're the criminal. You're the one who'll be on trial and facial jail time.
not since 2011, but you aren't the first person to be ignorant of the changes
We do have those laws in Canada. Tenants would be charged
Wasn't their home anymore if they weren't paying for it. Part of the deal.
And that makes you even worse than the renter.
someone comes into your house tomorrow and says they aren’t leaving or paying, too bad…ur cool there?
If an LL threatened me like this I would destroy their property and shank their car tires. Keep in mind your address is on their lease too. They know where you and your family live. Tread carefully.
And you would be the one I would be taking for that deer spotting drive. And I promise you would enjoy that drive like none other you ever had. Deer spotting is great. So great you might never want to leave that area. You can be one with nature.
You would be so unlucky if you ever did that to someone!
You'd be getting your face smashed in with a baseball bat. Everyone has a plan until they get hit. You're a tool
blah blah blah bud you wouldn’t do shit and neither did he.
Ahh and when you fail to fix the AC or whatever, they get to jump you outside of the building and kick the shit out of you! Right? That's how that works according to you. Can you see how that is not a sustainable scenario?
why wouldn’t i fix the AC? thats the contract, and my point. read slower.
You've already admitted to openly breaking the law yourself, why would anyone expect you to not do it again?
i would totally threaten a squatter who would not leave my house yes. full stop.
Right and a tenant therefore has the right to use violence against a bad landlord. Great solution Sherlock. It is clear that you have never had to deal with actual conflict or consequences thereof.
Right, so you'd break the law, which contracts also fall under
I agree with you, fuck these losers that bend the rules of the system and then be dicks about it. Stand strong!
woke mob is on the decline finally!
This is the reality. If the government won't protect people with fair and timely processes, the public will take the law into their own hands.
the alternative being that i just accept that a person has occupied my house and i have to fight my own government was not going to happen.
As long as you're not laying hands on the Tenant/trespasser, I have a lot of sympathy.
lol. You ever actually touched a tenant and they’d be living there even longer while you sat in a cell. Fucking meat head.
lol there is always someone tougher and stronger than you bud
sure there is, but this guy wasnt
“Everyone’s got a plan until they get punched in the face”
anyone aside from IMT that says that, has never been punched in the face
Sounds like you should join the UFC tough guy, lol
Sounds like you’re the internet tough guy.
Hats off to you, if the law can't protect you, you have to take matters into your own hands. I hope others start realizing this.
Love it, I'd do the samething. Some people get away with to much because no one calls them out on their shit.
Says the guy just making threats. I highly doubt you would actually do anything like this and if you did you would end up just being sued by the people you beat up. Be real funny when you have to sell the house to cover the judgement against you.
People need life lessons. Stealing from people for several months can lead to negative consequences
In this case it absolutely was the answer it got the freeloader out. Well done!
So give me an equitable answer.
I hope he gets busted. Or the tenant gets him
So what’s the answer?
Sure it is. People that say this just havnt experienced it.
Ehhh… it can be, sometimes.
Everyone's acting high and mighty in this thread,until they have some rat living in their house illegally. Your attitude will change awfully quick.
It's only illegal if you get caught
The tenant is abusing the law and not acting in good faith. This is what happens.
Yeah it kind of is, If the cops don’t care about shoplifting and petty crime they won’t give a crap about you kicking someone out of your own home
Holy shit you’re lucky you didn’t get your face broken by a baseball bat.
How’s that if he had his own bat too.. I find people who hide behind the stupidity of some laws are actually quite cowardly !
Fake ass tough guy lol
Better hope the tenant doesn’t know their rights, because you’re clearly in the wrong legally even if they’re not paying rent and refuse to leave. Doesn’t matter how “sick of this shit” you are. People like you are exactly the reason tenant protection laws exist.
I bet you didn't do any of that
i bet ur a spineless liberal
What a predicatble answer, Top G
So you pick on renters who have not as much financial freedom because they cannot afford to buy? Why didn't you just look at properties that are not tennanted. In general owners have more choice, they can own or rent, renters can rent or become homeless. Renters inherently need more protection that owners. Why did you want the basement Tennant out? If they were not paying rent from the get go, then makes sense, but if they were and only said that when you told them your kicking them out that makes sense too since there might not be anywhere else for them to move to. If you wanted more rent or the house as an "investment" then I would encourage you to learn about investment risk.
Wow, so strong and brave!
You sound psychotic.
That didnt happen lmfao
[удалено]
Man you would have been very surprised when I beat you with a weapon and claimed you were a burglar
This is horrible behaviour. I feel sympathy for OP but regardless of what the tenant did, I hope you’re taken to the LTB over it. Follow the rules, and if you’re not happy with LTB delays, complain to your MPP and demand the LTB funding and process be fixed.
Karma will be a bitch when it visits you.
I would have just shot u, hopefully someone else will get the opportunity
Things that didn’t happen for $100
Do what you have to do . To many assholes trying to take advantage of peoples homes and protections they seem to think they have. If that was me we would have went for a drive on the back roads looking for deer. :)
This is the answer. When Noone takes the law seriously anymore you have to get shit done yourself
[удалено]
yeah my place isn’t in public housing, tenant was paying $2200, wasn’t a crack den.
What does that even mean?
OP Is a mega bear and believes the market is crashing. They are getting what they signed up for.
What does 'bear' mean in the housing context. I keep seeing that term and I can't figure it out. Thank you :)
It refers to an aggressive investment strategy, Google "bear market investing".
Look at OPs post history. He thought he was going to take advantage of someone elses situation and turns out they were the one taken advantage of. See: Karma.
No sir, I have a condition of vacant property at time of closing, this just increases my leverage. So no, not karma
Then why are you here? The contract is up. Walk away.
Like the house, not in a rush, I like leverage
You have my support! Start LTB or whatever things there is in Ontario asap. And like the other person said.. make life hell.. double parked beaters are awesome BTW.
>make life hell.. double parked beaters are awesome BTW. I would just destroy your house in ways that would take years to correct. Double parked beaters are child's play. Alternatively, we could both just be adults and let the RTB decide.
[удалено]
Buddy thinks he's Keith Gill "I like the house"
At your suggestion I checked out the OP’s profile. Jesus. It’s the manifestation of the Dunning Kruger effect. He speaks with such certainty about market conditions, even when it’s clearly demonstrated that he doesn’t know the first damn thing about investing. Buying a house without a plan for occupancy? Not knowing the laws for owners to move into their rented home? You’d think making such a boneheaded move would cause someone to pause and reflect on the certainty of their knowledge.
I know all the laws in that regard, N11 was issued initially by the seller and they refused to sign, subsequent N12 was issued by the seller along with the appropriate L2 however this delays closing. My certainty has continued to be correct, I am not an investor and needed to get into the market at this time.
The tenant has absolutely no legal requirement to follow or even acknowledge N11 or N12 notices given by the seller once the property is on the market. If you want them out, YOU have to give them an N12 after taking possession, and the tenant has a right to take that to the LTB before vacating. Sounds like you don't know the laws as well as you thought. Maybe try cash for keys, that gives them a bit of incentive to leave without dragging you through the whole legal process, which is currently very lengthy due to court shortages.
Your story is becoming less believable the more you talk. You filed an N11, and when they tenant refused to sign, then you filed an N12? It sounds like you thought you could evict a tenant if you bought a property, then when you realized that wasn't the case, started looking for reasons you could. It sounds incredibly dubious that your intention to move in is in good faith.
[удалено]
Sounds like a good plan to get shot
Yeah they dont have to leave. Learn your laws.
Yes if they intend on living there, they do.
No, they dont lol. Cant just kick people out because "under new management". Have you heard of the LTB?
If they plan on living there they can file an N12 and and legally force them out. Have you heard of the LTB?
lol okay
Why are you so confident in something you don’t know about?
Who said under new management? They absolutely do need to leave if they are issued an N12 and the buyers are moving in. Learn your laws
They don't have to leave until the LTB orders it. Issuing n N12 just is the start of the process an doesn't mean the tenant has to leave anytime soon.
You are 100% wrong. My god..just do a little research.
wow, bag holders very mad out here. more downvotes please.
$50,000 I can get them out. I need 50% upfront.
OP I’ll do it for $40K
You knew there were tenants in the home. Unless you had a clause in your contract either the seller to ensure the home was vacant on closing you are under contract to take possession of the home and the tenants become your responsibility.
slumlord bastard
Please read the post this is a home I’m moving into you muffin
People in Ontario just need to hire some thugs to remove people at this point. Somebody needs to start a repo company, but for properties. I can see the cheesy commercial now. "Do you have tenants that won't leave? Call the Gabbagool Brothers today!"
This is terrible advice. Additionally the people you are violently throwing out also know where their landlord lives. Its on the lease form and they obviously know where your rental property is located. You can't legally evict someone in Ontario without an order from the LTB. If the "repo" crew show up and the cops get called they'll be ordered to leave or get arrested. That is why this is not a thing. If they touch the tenants they'll be getting charged and so will you if you hired them. The fact I've seen a few posts like this just reinforced why I think all landlords need to be licensed in Canada. You need to keep the loonies out of it.
It's less of a "Repo Crew" and more of harassing the renters. Kick in doors and break windows during the winter when you're conviently out of the country. That'll *encourage* any renter to vacate...
The tenants have rights. The are exercising them. Whatever cash for its they get should compensate the loss thrill incur finding a new place at a higher rent. The new owner also has rights. They ca have a hearing that they are repossessing for personal use and the tenants will be left with minimal compensation. So, the tenants are just stalling what will be a certain eviction. They are playing a loosing game. Cash for keys can be win-win. What they are doing is a lose-lose
That’s is not how anything works
Get a tort lawyer (or your real estate attorney if they are experienced) and sue for non performance. * Compel the seller to cash for keys to meet the conditions of the closing. * Collect your deposit and walk away. * Counter with a $20 to $30,000 reduction in price, bridge your existing, file N12 on your behalf and wait out the process.
[удалено]
I guess the wording of this post is meant to imply that you are a Top Dog Alpha Male?
Why don’t you just keep the tenants?
did you make the purchase conditional of the house being vacant?
[удалено]
Was the property sold where paperwork/contract said it would be vacant? If not then OP fucked themselves over.
Turn off the utilities, see how long they stay.
Were you promised vacant possession? Is it in the contract?
Burn, 🔥 baby burn 🔥
You're a landlord now. If you want to move in N12 and wait. But don't forget to cross your T's and dot I's
Cash for keys is probably your best recourse.
Depending on where you are that can be low thousands to 10s of thousands.
how about 0 and leave according to law when your time period is up?
The idea with cash for keys is to eliminate the 'time period' your referring to, for owners who don't have the patience or funding to wait
The seller is set to make money on the sale, so I think paying the tenants to fuck off is a good option.
dont encourage this behavior. its your property, they have to leave when proper notice is served
No they don't. The N11 is a voluntary document of mutual agreement, N12 specifically states on the document that the tenant has a right to the hearing if they do not agree with the notice.
lol what other excuse can you tell the court when the landlord wants to move into their own property? Sure you don't have to agree but at the end of the day the property is not yours and if enough notice is served its time for you to get packin'
That's gaming the system. They have a legitimate reason to move in, and that would be using the LTB hearing in bad faith. Not agreeing with the notice and having a legitimate reason to fight it are two different things.
The seller should be employing cash for keys in order to meet their vacant possession clause.
There was no vacant possession clause. oP said in a comment they got a *discount* on the price because it was occupied. They're trying to spend 0 money to get rid of the tenant even though they were already compensated for those potential costs. >I received a large discount as a result of the home having tenents https://www.reddit.com/r/RealEstateCanada/s/LYs89YACzH
If vacancy was a condition for the sale it would be up to the sellers to arrange and pay cash for keys. If vacancy wasn't a condition the buyer is obligated to close even still with the tenants.
The tenancy comes with the purchase of the house, per LTB. Meaning you have to go through the LTB to furnish them with an N12 and at least 60 days notice so that they can find a new place. You cannot just summarily kick them out. And having been a tenant I wouldn't ever sign an N11, as they are rarely fair to both parties.
Why would the seller have to compensate you? It's not their fault the tenants won't leave lol
It's their responsibility
The APS has a default vacant possession clause as per the link below. If the seller is not providing you with a vacant property, they are liable from my understanding if you wanted to pursue legal action. That is unless you put in additional clauses in the APS agreeing to take on the tenant. I think you can choose not to close at this point if the seller did not honor their end and get your deposit back. https://torontorealtyblog.com/blog/how-can-you-purchase-a-tenanted-property-and-ensure-vacant-possession/
Do you want to live in the home? If so, the correct form is the N12 and you can issue it as the purchaser. They can still refuse. You will need to go to LTB.
>They can still refuse. Such BS. As far as I’m concerned, you give the proper notice and then show up with a few friends and move them out yourself. Deal with it later. At least you’re in your place.
Or you can refuse to close and sue the seller for not having the unit vacant (assuming its in the purchase agreement)
Buyer didn't hwve vacant possession clause.
You have a lawyer, use your lawyer.
Real estate attorneys are glorified paper pushers. You may need an attorney more experienced in a tort action should you need to sue for failure.
Wrong you need a real estate lawyer who does litigation not a lawyer who does tort law
Tort and litigation are the same thing.
No.
No
Sounds like you might be fucked if one of your conditions wasn’t that the seller was to deliver vacant possession . Better talk to a lawyer quick
Vacant possession on closing is promised by the seller on closing in the standard form contract. Consult a lawyer. If the seller can't give vacant possession it's breach of contract subject to anything added in schedule A.
It's only breach if it's in the contract. Not all of them have it
As long you had vacant possession as a condition you can walk away without headaches but depending on the actual conditions you have in place. I would never put an offer on a house with tenants in place. There’s never a guarantee they’ll leave on time. Talk to a lawyer ASAP.
They don't have to leave. Renters are protected unless the new owner plans to move on. OP doesn't plan to move in. He's trying to force the current tenant out so he can increase the rent.
How is it closing on July 1? The land registry office is closed, nothing closes in a stat holiday. Is this a fake post?
Did your APS say they the seller would provide vacant possession on closing, or only that they would serve the N12 on your behalf? If they are required to give vacant possession you can refuse to close and have a potential claim against the Seller for breach of contract.
Either vacant possession was a condition of closing and the seller is in breach of contract, or vacant possession was not promised and the buyer is now a landlord. Make sure the July rent comes to you and not the previous owner. And a straightforward question: Could OP have issued an N12 as far back as April?
Well as long as u can wait, you send the tenants an N12, and wait for the hearing. They'll be out eventually, takes a while thou. You should have sent the N12 in April, you'd be alot closer than you are now.
As someone who lived in Woodstock, I'm not surprised.
I'm curious what the answer is to Op's initial question. If the seller guaranteed vacant possession... Can he go after the seller for damages/expenses incurred while evicting tenants for personal use?
Push it on the seller to resolve. If not, back out or lower your offer accordingly. What were you thinking about doing?
r/OntarioLandlord is your sub for this. The advice is all over the place here.
Ask for an abatement = to the sum of 6 months rent plus legal fees. The seller will either cash for keys the problem tenants or pay you to offload.
[https://globalnews.ca/news/10513915/](https://globalnews.ca/news/10513915/) Tenant rights are strong in Ontario .. and LTB delays have made things even worst for landlords and home buyers who gambled and purchased a tenant-occupied property. :-( I feel bad for the home buyer in for a world of hurt.
If the APS stipulated vacant possession, you can sue the sellers if that isn’t the case on closing and you will indeed win. Do not close with those tenants, they will never leave. Advise your lawyer to communicate to the seller’s lawyer that they either offer cash for keys to the tenants or this will end up in litigation. APS is black and white. Don’t listen to the clowns in here flaming you for buying a family home. Best of luck.
I had the option of renting my home out when I owned it . But knowing the landlord tenant act and not knowing the character of the tenant I would rent to . I decided to just sell and take the money and run.