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Renting in Ontario-any advice for tenants (desperate)

8 replies

jenrendo · 02/02/2012 10:50

Hi, we are currently renting a house in Ontario, Canada, and heard last night from a friend of a friend that her friend has bought our house!!! We haven't been notified that the house was even for sale and I'm now desperately panicking about being homeless by the weekend with a 15month old DS and husband who works a lot of hours. I am absolutely devastated and have had no sleep with worry. We only moved here from the UK in September and I've just started to make friends and join groups in the area. We sat and looked over the 12month lease last night and there's nothing in it about notice when selling or anything. I fear we have been totally naive but we presumed that a 12 month lease meant 12 months. I can't stop crying and just want to run back to Scotland (but won't, don't worry, we are here for 2 years!) Can anyone enlighten me as to any kind of notice period that the landlord may have to give or any advice at all? We looked at other properties last night but hardly any allow dogs and they are all much more expensive than this one. The landlord was in on Monday (I was out) but told us he had a person from the bank coming to assess the property for renting as it should have been done when we moved in, so he was obviously lying about that. I just feel bereft and also totally sick that he was showing round a prospective buyer without telling us. They have been so deceitful. Obviously we will have to find somewhere else but any idea how long we will have? Any advice or wise words please :(

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jenrendo · 02/02/2012 11:17

I've just done some research on the internet. Is it true that they can't kick us out until the lease ends unless they get an eviction notice and that the new owners would have to buy the property tenanted? Please anyone? I'm going mad here......

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howcomes · 02/02/2012 18:25

So sorry to hear your plight. I'm in Toronto, just moved here in August, I've had a quick online, while rocking ds to sleep, and according to law here your landlord should have informed you that he required entry to your property at least 24 hours in advance. It also looks as though you should be able to stick to your original tenancy agreement.

I'm afraid I'm typing this on my phone so not sure if I can paste the link in properly
www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_009.cfm

Good luck, hope things work out ok for you

jenrendo · 02/02/2012 18:29

Thanks howcomes I have been searching all night and day but I think we are doomed in that if they are selling and the new owners need access straight away then we are out. My DH has e-mailed the LL and basically said ,"we hear that you sold the house yesterday. Obviously we are disappointed and would like an upfront discussion about this". He got back straight away saying they weren't selling and there was nothing to worry about. I really do hope that there are crossed wires somewhere but think that they are completely untrustworthy and want to make sure that they have our income just incase they don't sell, or offers fall through. We are going to look for somewhere else at the weekend. :(

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Bue · 02/02/2012 21:29

Oh dear :(

Have you tried the Ontario Landlord and Tenant Board? I think they give advice and resolve disputes. As I understand it the landlord has to give 60 days' notice in this situation. (Notice form N12!)

WillCrossThatBridge · 03/02/2012 02:43

We bought in Ontario just last year. When we were looking around places, estate agents mentioned a couple of times that it can be very difficult to get tenants out if a house is sold while tenanted.

I don't know the legal reasons for this but it did sound like the 2 estate agents we dealt with had encountered situations where a house was sold and tenanted and the couldn't get them out...which would suit you!

jenrendo · 03/02/2012 03:00

Thank you both for your advice. DH has contacted the landlord and insists that they are not selling adn we have nothing to worry about. However, we are now on the look out for a house just in case anything happens in the next few weeks. We have scoured the internet and looked at all the rights we have so feel slightly better. Thanks :)

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WillCrossThatBridge · 03/02/2012 03:02

Hope it all turns out ok, Jenrendo and it was just crossed wires or whatever.

jenrendo · 03/02/2012 20:17

So no willcrossthatbridge the story rumbles on! Our acquaintance who is a friend of the lady who wants to buy/has bought the house had the Llady at the school gate yesterday ranting on about how they have fcked up the deal and now the LL are going to lose both of us. They have obviously completely lied to our faces and have no qualms about doing that. They obviously thought that they could keep taking our money and we would be none the wiser until the other lady wanted to move in. Anyway, I'm wondering if the buyer has now spoken to her lawyer about sitting tenants etc and has got cold feet. I phone the LL and Tenant Board today and it turns out that neither of us can break the lease unless it's on mutually agreeable terms, so even if someone purchases the property they have to become our new landlord and can't move in unless they move to get an eviction order saying that they have nowhere else to live, which takes a couple of months and is favourable to us as we will at least have some notice to look elsewhere. Basically, the woman said we are here until Sept and that is that. Phew! :)

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