Updated: 19 hours ago
Windsor's housing market has boomed since 2016, and with an increase in housing prices has come an increase in monthly rent. When a rental property sells, tenants are left with lots of questions, and today I want to answer some of the most common.
Q: If my landlord wants to sell, do I have to move out?
A: The short answer is "probably not." Asking you to move without cause (or only to make selling easier) isn't an enforceable request on its own. When a property sells, everyone assumes the tenancy will continue, at the same price and same terms as before. The only thing that would change is who the tenant pays rent to.
Q: Can my landlord make me sign a new lease for more money?
A: The short answer here is also "no." Rent increases are dealt with by the board, and regulated for maximum annual increases. The Ontario government has also passed legislation that prohibits rent increases in 2021. For more information, please click here to read more.
Q: What if the buyer wants to move in?
A: This is a case where the tenant might have to move. If the purchaser wants to move into the rental unit, they will have to serve an N12 notice to terminate. In that case, the new or would-be landlord must either pay the tenant an amount equal to one month’s rent as compensation or offer the tenant another rental unit that is acceptable to them.
Q: What happens when I get an N12?
A: First and most important, keep a copy. If the landlord wants to evict you, they will have to file that N12 with the Landlord and Tenant Board and request an eviction hearing. The Board will contact you by mail with a notice of hearing (or conference) and duty counsel is available free through Legal Aid Ontario for tenants on the day of hearing. That doesn't mean you might not want to negotiate with your landlord to find an agreement that you both can live with. An N11 is a great option when everyone can work together.
As always, remember that this blog should not be taken as legal advice and is no substitute for a consult about your specific facts. If you have questions, call Jon today at 519-564-3242.