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how to deal with the talent

J

jaccker

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May 11, 2009
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Hey, I have a question here. Recently I bought a Triplex in DT Toronto. To get the offer, I have to keep the tenant on the third floor, no choice at that time (per seller`s request). The tenant is on the month to month basis. Now We`d like to get the whole house empty so that we could do a total renovation. After that, my family and my parents may move in. What`s the best way to get him out? I talked to him about our renovation plan and he told me he wanted to stay there. If he insists on not moving out, what could we do? Is it illegal for us to force the tenant out?

Many thanks!
 
QUOTE (jaccker @ Jun 11 2009, 09:23 AM) Hey, I have a question here. Recently I bought a Triplex in DT Toronto. To get the offer, I have to keep the tenant on the third floor, no choice at that time (per seller`s request). The tenant is on the month to month basis. Now We`d like to get the whole house empty so that we could do a total renovation. After that, my family and my parents may move in. What`s the best way to get him out? I talked to him about our renovation plan and he told me he wanted to stay there. If he insists on not moving out, what could we do? Is it illegal for us to force the tenant out?

Many thanks!

You can evict him based on renos however you have to give 90 days notice and give him first right of refusal if he desires to return after the renos are complete, at his current rent (I just learned that one). However if your renos take a long enough time chances are they will find somewhere else to live in the meantime and not want to move again. However your best bet may be if family wants to move in. Best is to get the facts from the horses mouth...ie call the LTB.

Regards...Randy D.
 
http://www.ltb.gov.on.ca/en/index.html
http://www.ontariotenants.ca/law/act.phtml


It is highly advisable in Ontario that LLs learn and understand all of the RTA regulations and make themselves familiar with the LTB before purchasing any rental units.

In Ontario you are legally allowed to evict for renovations that require a permit. The tenant must, at time of leaving inform the LL of his option of "right of first refusal" to return to the unit, at the previous rent, when work is completed. Refer to the RTA web site article 53 I believe.

In addition you may evict or prevent his return if you intend to move in a family member (art. 72).
Based on the information you have provided you should have no problem getting rid of the previous owner.
Application to evict must be done officially through the LTB.

Your best option would be to apply to evict to allow a family member to occupy the unit rather than for the purpose of renovations. You would then simply do the reno work before they move into the unit.
 
So my family will move in is a better excuse for me to evict him than renovation, right?
QUOTE (RandyDalton @ Jun 11 2009, 09:48 AM) You can evict him based on renos however you have to give 90 days notice and give him first right of refusal if he desires to return after the renos are complete, at his current rent (I just learned that one). However if your renos take a long enough time chances are they will find somewhere else to live in the meantime and not want to move again. However your best bet may be if family wants to move in. Best is to get the facts from the horses mouth...ie call the LTB.

Regards...Randy D.
 
QUOTE (jaccker @ Jun 11 2009, 09:57 AM) So my family will move in is a better excuse for me to evict him than renovation, right?

If I had the intent to move a family member in then that is the way I would go. However it is always best to contact the LTB directly before making these decisions.

My two cents worth...Randy D.
 
Thanks, greg. If I evict him to allow my family members to live in, how long does it take to get him out? 60 days? 90 days?

QUOTE (invst4profit @ Jun 11 2009, 09:56 AM) http://www.ltb.gov.on.ca/en/index.html

It is highly advisable in Ontario that LLs learn and understand all of the RTA regulations and make themselves familiar with the LTB before purchasing any rental units.

In Ontario you are legally allowed to evict for renovations that require a permit. The tenant must, at time of leaving inform the LL of his option of "right of first refusal" to return to the unit, at the previous rent, when work is completed. Refer to the RTA web site article 53 I believe.

In addition you may evict or prevent his return if you intend to move in a family member.
Based on the information you have provided you should have no problem getting rid of the previous owner.
Application to evict must be done officially through the LTB.

Your best option would be to apply to evict to allow a family member to occupy the unit rather than for the purpose of renovations. You would then simply do the reno work before they move into the unit.
 
Not certain how long. You will need to check with the board. The form on the LTB site is the N12.

Be careful all forms must be filled out exactly as requested or your application will be rejected.

Welcome to the world of Ontario LLs.
 
QUOTE (jaccker @ Jun 11 2009, 07:23 AM) Recently I bought a Triplex in DT Toronto. To get the offer, I have to keep the tenant on the third floor, no choice at that time (per seller`s request).


Was this a condition that was included in the sale contract? Did the seller specify a specific length of the time you are to allow the tenant to stay? If there is legal wording in the contract pertaining to the tenant staying on after possession then you should really consult your lawyer.

If the seller cared enough about the tenant to try and ensure they are not evicted it`s obvious they have a fairly good/close relationship. If you are legally bound to retain the tenants for a certain period of time and you decide to evict the tenant, I`m almost certain the tenant will contact the seller to advise them of your breach of contract.
 
Yes, it is in sales contract. But there is no length of time I have to keep the talent. However, after I become the new owner, should I have the right to evict him?

QUOTE (jwilbrin @ Jun 11 2009, 10:43 AM) Was this a condition that was included in the sale contract? Did the seller specify a specific length of the time you are to allow the tenant to stay? If there is legal wording in the contract pertaining to the tenant staying on after possession then you should really consult your lawyer.

If the seller cared enough about the tenant to try and ensure they are not evicted it`s obvious they have a fairly good/close relationship. If you are legally bound to retain the tenants for a certain period of time and you decide to evict the tenant, I`m almost certain the tenant will contact the seller to advice them of your breach of contract.
 
QUOTE (jaccker @ Jun 11 2009, 08:50 AM) Yes, it is in sales contract. But there is no length of time I have to keep the talent. However, after I become the new owner, should I have the right to evict him?

Had you purchased the property with no condition of having to retain the tenants then yes, you have the right to evict for reasons of renovations or moving your family in but you agreed to the condition of keeping the tenant on. Now granted, it does not say how long you are obligated to keep the tenant but if you evict the tenant shortly after taking possession, the tenant and/or seller can argue you acted in "Bad Faith". That your intensions were always to evict the tenant and not keep them on.

If the wording is in the contract then it really is a legal issue and only a lawyer can give you the proper advice.

But maybe post the wording pertaining to the tenants staying so members can read it and give you their thoughts on what you might be able to do.

I can`t emphasize enough though that before you take anyones advice and proceed with the eviction that you talk to your lawyer. The last thing you want is a court case whereby you have to pay legal costs for all involved should the court rule in the seller & tenants favor.
 
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