Our tenant gave verbal notice that he was moving out of our rental unit, but there’s reason to believe he intends to remain for a longer period of time. We want to re-rent to someone else or sell the property. How can we get him to leave?

If your tenant gave the notice in writing but does not move out, your recourse is to file an application with the Landlord and Tenant Board to obtain an eviction order based on the fact that the tenant gave notice but won’t leave. The forms required to file with the Board are a Form L3- Application to Terminate a Tenancy—Tenant Gave Notice or Agreed to Terminate the Tenancy and a Declaration form, which can be obtained from the Board’s website http://www.tribunalsontario.ca/ltb/forms/. The process will take a few weeks before you can actually get him out. If he did not give written notice, then you may not be able to do anything as it is difficult to enforce a verbal notice. In that case, he could stay on as long as he continues paying his rent. You can also see if the tenant will sign an N11- Agreement to Terminate the Tenancy. However, if he refuses to sign this agreement, there isn’t a notice you can serve him to terminate the tenancy. If you plan on selling the unit, you’re allowed to do so, but you can only serve him notice to vacate once it has been sold and the new owner plans to live in the unit. At that point, you would serve him with an N12- Notice to Terminate a Tenancy at the End of the Term for Landlord’s or Purchaser’s Own Use. This is a 60-day notice ending on the last day of the rental period. You can read more about this issue at the following link, https://landlordselfhelp.com/media/RTA-Selling-a-Rental-Property-REV2021.pdf.

 

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