I would like to purchase a property so I can move in, but it is currently occupied by tenants. How can I evict the tenants so I can move in?

You first need to determine whether or not the existing tenancies are covered under the Residential Tenancies Act. If the tenants have their own kitchen and bathroom or have to share with other tenants, they are then protected by the Act which includes strict rules for ending a tenancy. If they are covered by the Act, the current landlord can serve form N12 which is a 60 days’ notice for Purchaser’s Own Use. If the tenants have a fixed term lease, the N12 notice cannot be served until the end of the term.

If the tenants are required to share a kitchen or bathroom with the present owner, (or their child, spouse or parent) and that person lives in the property as their primary residence, they would not be protected by the Act. If they are not covered by the Act because of a current shared living arrangement, this would give you more flexibility in terminating the tenancy.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

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