Notice to Vacate from Landlord

[user1]

Hi,i rent a condo in toronto.

My landlord gave me a two months notice to vacate saying he’s selling the unit but I have many months left on the lease.

We just had a child yesterday and have a two year old.

This is very short notice.

What can we do?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

First of all, congratulations on the new addition to your family! We hope everyone is doing well.

We can appreciate that you would be concerned about this situation and would like to know what your rights are.

You can find some information in this Landlord and Tenant Board - How a Landlord Can End a Tenancy.

Here are some excerpts,

Landlord must give proper notice

A landlord can end a tenancy only for the reasons allowed by the Act.

In most cases, the first step is for the landlord to give he tenant a notice in writing that they want the tenant to move out.

The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board. There are different notices for different reasons.

Landlords must use the correct notice form and fill it out completely and accurately to ensure that the tenant receives all the information that the Act requires. If the landlord does not give the tenant all the information required by the Act, the notice may be void. And, if the landlord files an application to evict the tenant based on an incomplete or incorrect notice, the application may be dismissed.

Reasons for ending a tenancy

The Act allows a landlord to give a tenant notice to end the tenancy early if the tenant, the tenant’s guest or someone else who lives in the rental unit does something they should not do, or does not do something they should. This is sometimes called ending a tenancy “for cause”.

Some examples of “for cause” reasons for ending a tenancy are:

• not paying the rent in full,
• causing damage to the rental property,
• disturbing other tenants or the landlord, and
• illegal activity in the rental unit or residential complex.

There are also other reasons for ending a tenancy that are not related to what the tenant has done, or not done. These are sometimes called “no fault” reasons for ending a tenancy.

Some examples of “no fault” reasons for ending a tenancy are:

• the landlord plans to do major repairs or renovations that require a building permit and the work cannot be done unless the rental unit is empty,
• the landlord requires the rental unit because the Landlord, a member of the landlord’s immediate family or their caregiver wish to move into the unit, and
• the landlord has agreed to sell the property and the purchaser requires all or part of the property because the purchaser, a member of the purchaser’s immediate family or their caregiver wish to move into the unit. (This reason for eviction only applies in rental buildings with three or fewer units and in condominiums.)

A complete list of the Reasons a Landlord can Apply to Evict a Tenant is provided at the end of this brochure.

When the landlord must give notice

Where a notice to end a tenancy must be given, the landlord must give the notice to the tenant before the termination date (the day the tenancy will end). The amount of advance notice depends on the reason for ending the tenancy.

We suggest that it is best that contact the nearest Community Legal Clinic for some advice regarding what your rights are in this situation.

You may also want to contact the Landlord and Tenant Board for some additional information regarding what your rights are in this situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org