My home has been sold and the tenant was given proper notification regarding termination. Instead of leaving at the end of the 60 days, the tenant moved out after 30 days. What happens to the last month’s rent, do they get it back?
If the tenant decides to vacate the rental unit and end the tenancy sooner, they are required to provide the landlord with at least 10 days’ notice in writing. This written notice should be served to the landlord on Form N9 (as per the tenant’s right indicated on the N12 form). The date the tenant vacates is considered the last day of the tenancy and the landlord may end up owing rent back to the tenant on a per day basis. If the rent is paid up to date and the tenant vacates 30 days prior to the termination date on the N12, then the last month’s rent would be returned to them.
On the other hand, the landlord may need to file an application for eviction (Form L2) with the Landlord and Tenant Board, if there is a chance that the tenant might not move out on or before the termination date on the N12. In that case, the L2 could be filed at any time or as late as 30 days after the termination date on the N12. An affidavit or declaration by the purchaser (or their family member who requires the unit) also needs to be filed with the L2 application.
As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offering another unit that may be acceptable to them, if pursuing the N12 notice on behalf of the buyer. The compensation must be given before the termination date on the notice.