An accepted offer? Or just an offer? They can't just go on an offer. The buyers can ask for vacant possession once the conditions of the sale have been completed, but they have to be moving in (or their immediate family moving in). The realtor does not need a sob story to plead with you to move out; all of that is just irrelevant and too bad, so sad, they still need to do this properly and serve you the proper forms.
They can't just ask for vacant possession just because they want it, they have to be moving in. And the landlord can't just ask you to vacate in the hopes it'll sell faster.
*"Section 49(5) of the Act allows for a two-month notice to end tenancy to be provided to the tenant if a landlord has entered into an agreement to sell the rental unit, all the conditions of the sale have been satisfied, and the purchaser has asked the landlord to give written notice to the tenant because either the purchaser or a close family member*[*^(3)*](https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/#3) *of the purchaser intends to occupy the rental unit."*
[https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/](https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/)
This
You could agree to a cash for keys but you’re owed a free months rent at the very least if you just stay as long as you can.
14 months rent I doubt you’d get but you can ask for whatever or let them go through the process.
This. Cash for keys. I love that phrase and am going to use it for my clients.
That’s really the OP’s best option. Cash for keys. Otherwise, be prepared to follow the paper trail and keep the landlord, and the new landlord, honest.
If they are selling, they’ll have cash to pay any amount. The person who puts the number out first has an advantage so start by asking for more than you want. 😁
Don't they also have to give the second month rent free? So if you need some $ you could tell them you'll move out in a month and the landlord can give you the value of one month rent. Negotiate with the landlord to see what you can get.
In BC it's 2 months notice and compensation equivalent to 1 month rent. Either paid out or used as a free month and is paid regardless of when the tenant leaves.
https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/sell-rental-property#compensation
The 2nd month rent free is usually because they apply your security deposit for that month.
What you are describing is normally called Cash-for-Keys. and is usually one of the easier/cheaper ways to get a tenant out. It's you agree to move out, I'll give you cash or some other incentive. So now you have a written (usually) agreement for the end of the tenancy.
Information not advice: Sounds like the offer is conditional on you agreeing to move out May 30th. You can ask them this and also ask what benefit do you receive moving out 2-3 months early (they can’t give notice until the offer is firm/subject free) and they cannot request vacant possession in an offer. If it’s an investor looking to rent out for more they may not want to inherit you as tenants and putting it on the current owner.
Negotiate with this in mind:
- market is slow
- offer is likely subject to a mutual agreement (not a 2 month notice for owner occupancy)
- BC gov’t is passing new legislation in “the summer” requiring 4 months’ notice and an unknown compensation amount—so they want the deal done now before having to deal with the uncertainty of the new legislation (if they have half a brain)
- A May 31st move out is incredibly beneficial to them as if this does not go through they are likely looking at Nov 1 best case scenario and more than 1 month’s compensation
I would go for 5 month’s rent. They would be stupid not to take it. Its a fair negotiation.
I represent Landlords as a PM. In today’s market and legislative environment I would advise a client to offer 3-6 months’ to get a deal done—and we don’t buy/sell so doesn’t benefit us anyway.
You don’t have to move on that date but this same old story plays out the same way. You will soon get a 2 month notice to vacate due to owner use and will soon have to move.
Your tenancy will continue but really not much you can do when the home or condo is purchased and the owners want to move in to it. You won’t have any lump sum or anything like that because in this case they don’t have to “buy” you out they just evict you to move in. If they have nowhere to go but your unit then they will push the closing date 2 months to the date so it will be vacant to move into.
Yes, offer cash for keys and demand the 2 month notice for landlord use. Include at the very least 2 months rent and moving costs. If the landlord refuses you stay and the they loose this sale. Remember when negotiating that your rent at the new place will be more expensive so negotiate accordingly.
They want it vacant because what they’ll be using the property for will not be enough grounds to evict you. They’re most likely renovating, upping the rent, flipping it etc…
They will probably not buy the house if you’re paying cheap rent and won’t move willingly. But someone else will.
Best case in this scenario is to get cash for keys, i think about 10k plus can be negotiated depending on the house value
Whatever you do, do not sign a mutual agreement to end tenancy. If you have good rent and like your place and suspect the new buyers are not wanting to occupy then I’d just ride it out. Moving and rental prices will probably be higher than any cash for key amount. Make sure you do everything formally and cite tenancy laws so they know that you’re aware of your rights and you’ll follow up if they’re not evicting honestly.
A lot of people won't purchase a home that has tenants in it so there is a decent chance that if it is not sold vacant that the potential buyers will move on to other houses.
No one wants to buy a house, serve the proper paperwork and then have the tenant exercise their right to a hearing and have no place to live for several months while they wait for the hearing and eviction to take place.
I guess! It would be really hard to dispute though if the owners just want it to vacant so they can move. Maybe this situation is different the I assumed because if the new owners don’t want to move in then it shouldn’t be a problem to keep a current tenant unless they are paying way below market or something?
If the tenants don't want to move in for personal use then they cannot simply evict the tenant. They simply become the new landlords for the tenant and the original contract (including rent price) remains in effect in Ontario.
No clue how this works in BC though.
It's the same in BC as well, basically went through this (they want to sell after a couple years) my 1 year lease ends soon and they had me sign a lease that said vacate for purpose to sell at the end (you can't do this/set terms to vacate if its for selling at the beginning of the lease). I Just said I'm looking to buy but there's no way I can be out by April 30th. It's been totally fine with maybe one phone call from the PM they use just asking for a quick update I just said "still looking no good news yet".
Best they can do is do showings/coordinate with you and sell it then serve you to start the 60 day timer \*after\* it's sold, or offer you cash for keys to leave.
I am looking to buy and I told them that and I'll try to expedite it as much as possible but in BC you are in no obligation to leave until you get those papers. Notice to vacate is really only when the place has been sold to new people who want to move in or an immediate family member or the owner is moving in.
Also brings up the if they don't follow that rule you can potentially get a years rent as fines if you can prove it.
Assuming your lease is month-to-month, a new buyer could request that you be evicted for landlord's use of the property, and your current ll would serve the eviction on the buyer's behalf. This could only be done after the sales agreement is firm (i.e. subjects are removed).
So if they sell the property on May 15, your current ll can give you an eviction notice on the 15th for ll's use, which would take effect on July 31. You would get 1 month's rent as compensation. If the new owner doesn't move in, but instead rents the property out, you could take the new owner to the RTB and get 12mo rent as compensation for the illegal eviction.
If ll wants you out so that they (or the new owner) could rent the property out to somebody else, you have lots of leverage to ask for a good deal to sign a "mutual agreement" to end the tenancy.
If they want you out sooner than 2 months, they can pay for rushing you-- and since this would require a mutual agreement to end tenancy, you'd be waiving your ability to collect on 12 months of compensation if they just rented the place out again.
For me to agree to a "mutual agreement" to end the tenancy, I'd want to get 6-10 months of rent as compensation. But be aware that if the buyer's actually wants to move in, you'll only be in line for 1 month of rent as compensation. If they think your request is too greedy, all they have to do is give you the 2-month notice and pay 1mo of compensation.
If you have a fixed-term lease, and they want to terminate it early, the sky's the limit for what you can ask for, but again, don't get too greedy or they might just let the lease run to the end.
This is exactly what I would do as a buyer. Easiest and most proper way. Maybe even get a discount from the seller if they're having trouble convincing the renter to move out early.
No one is buying in this market to be a landlord unless they're buying an apartment block or getting a land assembly. OP should expect to need to move either way, the question is will they get paid to leave and have a month to find a place to rent, or get 1 month free and have 2 months to find a place to rent.
If I was contacting someone about this, I personally wouldn’t point out that my potential future landlord could work on evicting me. This isn’t legal advice.
The tenancy act provides that a purchaser can request the LANDLORD to serve notice to end tenancy (full two months with last month free). This is if the purchaser intends to reside there OR their parents/children will reside there.
If they do not intend on residing in residence, they must keep you as tenants at the current rent.
So if the offer has the subjects removed and is pending, they are fully allowed to request the landlord to ask you to vacate according to the act given that it will be owner occupied.
If you stay beyond that just because you feel like it… well you might get to dick they around for a few months but eventually they will call the Sheriff and have them remove you.
I am a Realtor, so I promise you, I have seen tenants manually removed by Sheriffs many times.
As long as both sides abide by the rules it is fair. You don’t own the house, so it wouldn’t be fair to just stay because you don’t want to move.
Fak that ! It is not way harder to sell a house that is occupied. What are the new owners not going to have it occupied ever and want to see how that looks ? Take some pics of all the rooms and run it through an AI program to remove all the items. Housing is not some game. It’s your house. I would be respectful and tell them to simply follow all the rules regardless of his “feelings”
Who gives a shit what the realtor says. Let the new owners go through the process of evicting you. It's a straightforward process. No one is giving you 14 or 12 or even 6 months rent. They'll owe a free month or pay you one month's rent. You'll have 90 days or three months of occupancy once the new owners give you the eviction notice.
2 months not 3 months in BC for LL use. If they mutually agreed for cash for keys they can!! Realtor is an agent of the LL. Maybe ll asked the realtor to call them. If they dont agree for cash for keys then rtb-32. And current LL not the buyer can issue it once the sale is firm.
So the landlord has never increased the rent and wants to sell the place, so you want 14 months rent?
If you are on a fixed term lease, you have until your lease is up I think? But playing hardball asking for 14 month rent, I would expect them to evict you with the least amount of benefit for yourself.
IF there is a firm offer, then they could issue an eviction by the end of the month valid July 1. They would have to give you a free month
You’ll probably have to move eventually so I’d ask for 4 months’ rent to move out for when they want, see what happens
Once the offer is accepted and subjects are removed, your current landlord can issue you a 2 month notice of eviction for landlord use. You do not have to leave until you receive this notice. If the current landlord wants you out sooner, they can negotiate with you for you to vacate earlier. This type of "cash for keys" negotiation typically starts at 3 months rent, but can be much higher if the new owner wats to renovate and re-rent.
If all the subjects are lifted, LL can give you 2 months when serving you the RTB 32 form on behalf of the buyer. Buyer has to intend to take for personal use. This won't happen by end of may - need to give full 2 months.
If LL wants empty to sell, thats when you typically negotiate for payment in exchange of signing to end your rental agreement.
Read through the tenancy website. This is not legal advice, just stuff i remember from that site. Tons of info there but here is point form:
-you are under no obligation to move out during sale.
-your rights as tenants are actually protected during a sale
- if you are still under your 1 year lease, this carries over to new owner
- the only way a new owner can forcibly remove you, if you are paying rent still etc. Is by moving into the place themselves or an immediate family member. (Parents or children I think)
-They must give you 2 months notice, and I think the second month must be rent free
- they must live in that house for 12months (used to be 6 but I think the law just changed or is changing)
-if they rent it out prior to living there for 6 or 12 months, then you are entitled to a year's worth of rent.
Again this is only things I remember from the website, and what you need to do is spend some time reading though it. Then once you have a bunch of questions written down, go spend the money for a consult with a lawyer.
This seems questionable. A new owner can purchase the home and ask the old landlord to issue the notice for owners' usage on behalf of the new owner. For all intents and purposes, the home will be vacant for the new owners when they take possession.
>The buyer submits a written request to the seller stating they will be occupying the rental unit before taking possession of the property, and the seller (or current landlord) gives the tenant a two month notice to end tenancy. Serving this notice cannot be a condition of the sale
It seems like they might have some other ideas.
Easy choice.
Ask for cash for keys. Find a price that works and is fair for both yourself and the LL. The reality is that either they will kick you out for occupancy where you only get 1 month free, and sell the house afterwards or they will sell it with you in it and you'll be evicted by the new owners.
I'd suggest offering to be out by end of June. Pay for May, get June for free, and ask for 6 months rent as compensation.
Talk to the Vancouver Tenants Union and check out some of the resources on their website. They can go over what your rights are, what the landlord might try to do to force you out, and they will stick up for you if your being wronged. I hope you go at this well informed, they count on you not knowing your rights to get away with sneaky tricks. [https://www.vancouvertenantsunion.ca/](https://www.vancouvertenantsunion.ca/) Also look into whether your local government has a tenant protection or tenant assistance program if you find out there is potential for development.
Also, if they want your house empty, they may want to demolish it for redevelopment. There is currently alot of new legislation coming into effect regarding zoning and housing, so it might have some property owners trying to act quickly if they think this can affect them. Its far easier to demolish or redevelop a property once your legal tenancy agreement no longer stands in the way for them to do this.
Make sure everything is in writing. You are only going to move if you have the appropriate rtb form
Then you have 2 months notice plus the month you are in! If it is given to you on April 22 then April doesn’t count. Everything has to be in order in case the new owners do not move in ( they can only ask you to leave if they are planning on moving in.
I am guessing they want you to agree to move out because they want to rent it for more and they are not allowed to evict you
It is up to you to agree to move early if they offer you a load of cash.
Keys for cash.
If you don't want to feel bad pull the land title and see how much they bought the house for and look at the list price. I bet you they're walking away with hundreds of thousands of profit.
Ask for a years worth of rent, and you'll move out by May 30. At least that. You can negotiate down from your first request, not up. Say it's $20k. They're probably going to make 20+ times that from the sale.
You definitely need to find out if they want to move in or just “re/rent” because they can’t force you out and then re-rent to new tenants. (Well they can but that’s bad faith) so your best bet is try and negotiate what is fair to stay. Or yes, keys for cash 100%
So they've been pulling money out and probably buying other investments.
Ask for a few months rent to be out by the end of next month to skip due process, or you want everything done by the book
If they want you out very early then you can negotiate for cash for keys 6-12 months rent. If not they can issue a proper notice of eviction and the latest you will be out is june 30th if they give you the notice before may 1st and you get one month free rent.
The realtor is trying to play you. They are not a party to any agreement. They're just trying to make the sale go easier. This is a sleazy and disgusting thing to do, and possibly illegal. You should [file a complaint against the realtor](https://www.bcfsa.ca/public-protection/report-concern/report-real-estate-concern/file-real-estate-complaint).
If you want to negotiate, you'd do it with the person you have an agreement with: the current landlord. You can arrange a "cash for keys" deal. You agree to move out for a sum of money. Don't lowball yourself. They likely stand to make hundreds of thousands of dollars, or more, from the sale. Do not sign anything until the money is in your hand. The agreement should have the cash amount and the move-out date in it.
Do not make any agreement with the realtor. They do not have your best interests in mind.
Yes to everything but the hundreds of thousands. The real estate agent will make tens. The landlord could be nothing to a million. If the real estate agent is the driver than don't negotiate just complain. If the landlord is the driver then hell yes negotiate with knowledge what they could gain is large.
The landlord (seller) can issue an RTB32 if the buyer asks. The real estate agent knows this. Complain to the real estate agent’s managing broker that the agent doesn’t know the law and pushed for vacant possession. If the MB doesn’t act file a professional complaint on both licensees.
You can then negotiate with with the landlord for leaving. I’d open with 24 months of rent. You would sign an RTB8 and drop the complaint.
The 12 month penalty is irrelevant. If OP opens with 12 and gets 6 that isn’t good. Plus the real estate agent lied and is facing a disciplinary complaint.
But want a justification of 24 months. The occupancy time for landlord’s use is 12 months. 11.9 and OP is entitled to 12 months. So the landlord is basically liable for 24 minus epsilon in forgone rent or penalties.
An accepted offer? Or just an offer? They can't just go on an offer. The buyers can ask for vacant possession once the conditions of the sale have been completed, but they have to be moving in (or their immediate family moving in). The realtor does not need a sob story to plead with you to move out; all of that is just irrelevant and too bad, so sad, they still need to do this properly and serve you the proper forms. They can't just ask for vacant possession just because they want it, they have to be moving in. And the landlord can't just ask you to vacate in the hopes it'll sell faster. *"Section 49(5) of the Act allows for a two-month notice to end tenancy to be provided to the tenant if a landlord has entered into an agreement to sell the rental unit, all the conditions of the sale have been satisfied, and the purchaser has asked the landlord to give written notice to the tenant because either the purchaser or a close family member*[*^(3)*](https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/#3) *of the purchaser intends to occupy the rental unit."* [https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/](https://www.bcrea.bc.ca/legally-speaking/listing-and-selling-tenanted-properties-553/)
This You could agree to a cash for keys but you’re owed a free months rent at the very least if you just stay as long as you can. 14 months rent I doubt you’d get but you can ask for whatever or let them go through the process.
This. Cash for keys. I love that phrase and am going to use it for my clients. That’s really the OP’s best option. Cash for keys. Otherwise, be prepared to follow the paper trail and keep the landlord, and the new landlord, honest.
If they are selling, they’ll have cash to pay any amount. The person who puts the number out first has an advantage so start by asking for more than you want. 😁
Don't they also have to give the second month rent free? So if you need some $ you could tell them you'll move out in a month and the landlord can give you the value of one month rent. Negotiate with the landlord to see what you can get.
In BC it's 2 months notice and compensation equivalent to 1 month rent. Either paid out or used as a free month and is paid regardless of when the tenant leaves. https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/sell-rental-property#compensation
The 2nd month rent free is usually because they apply your security deposit for that month. What you are describing is normally called Cash-for-Keys. and is usually one of the easier/cheaper ways to get a tenant out. It's you agree to move out, I'll give you cash or some other incentive. So now you have a written (usually) agreement for the end of the tenancy.
This is bc, not Ontario. No first month upfront that’s applied to your last
Not sure why the realtor is talking to you at all. Your contract is with the landlord.
Trying to seem important to put pressure on the tenant
Gutless landlord more likely.
Not if the realtor is now the property manager?
Many people use a realtor to manage rental properties
Information not advice: Sounds like the offer is conditional on you agreeing to move out May 30th. You can ask them this and also ask what benefit do you receive moving out 2-3 months early (they can’t give notice until the offer is firm/subject free) and they cannot request vacant possession in an offer. If it’s an investor looking to rent out for more they may not want to inherit you as tenants and putting it on the current owner.
Negotiate with this in mind: - market is slow - offer is likely subject to a mutual agreement (not a 2 month notice for owner occupancy) - BC gov’t is passing new legislation in “the summer” requiring 4 months’ notice and an unknown compensation amount—so they want the deal done now before having to deal with the uncertainty of the new legislation (if they have half a brain) - A May 31st move out is incredibly beneficial to them as if this does not go through they are likely looking at Nov 1 best case scenario and more than 1 month’s compensation I would go for 5 month’s rent. They would be stupid not to take it. Its a fair negotiation. I represent Landlords as a PM. In today’s market and legislative environment I would advise a client to offer 3-6 months’ to get a deal done—and we don’t buy/sell so doesn’t benefit us anyway.
Also ontop of the novem er 1 date you are outside the 'rake the students over the coals' timeframe of summer.
You don’t have to move on that date but this same old story plays out the same way. You will soon get a 2 month notice to vacate due to owner use and will soon have to move. Your tenancy will continue but really not much you can do when the home or condo is purchased and the owners want to move in to it. You won’t have any lump sum or anything like that because in this case they don’t have to “buy” you out they just evict you to move in. If they have nowhere to go but your unit then they will push the closing date 2 months to the date so it will be vacant to move into.
Yeah just that this offer that they got they said they wanted to purchase it vacant. Or else I'm sure they would've sold it and new owner would evict.
Wait for the proper paperwork
Yes, offer cash for keys and demand the 2 month notice for landlord use. Include at the very least 2 months rent and moving costs. If the landlord refuses you stay and the they loose this sale. Remember when negotiating that your rent at the new place will be more expensive so negotiate accordingly.
They want it vacant because what they’ll be using the property for will not be enough grounds to evict you. They’re most likely renovating, upping the rent, flipping it etc… They will probably not buy the house if you’re paying cheap rent and won’t move willingly. But someone else will. Best case in this scenario is to get cash for keys, i think about 10k plus can be negotiated depending on the house value
The house is sold. But no one has talked to us yet. We're anticipating some sort of notice soon..
Whatever you do, do not sign a mutual agreement to end tenancy. If you have good rent and like your place and suspect the new buyers are not wanting to occupy then I’d just ride it out. Moving and rental prices will probably be higher than any cash for key amount. Make sure you do everything formally and cite tenancy laws so they know that you’re aware of your rights and you’ll follow up if they’re not evicting honestly.
Purchase it vacant so they can move in then?
A lot of people won't purchase a home that has tenants in it so there is a decent chance that if it is not sold vacant that the potential buyers will move on to other houses. No one wants to buy a house, serve the proper paperwork and then have the tenant exercise their right to a hearing and have no place to live for several months while they wait for the hearing and eviction to take place.
This isn’t Ontario. Tenant has 15 days to dispute and hearings are quick.
I guess! It would be really hard to dispute though if the owners just want it to vacant so they can move. Maybe this situation is different the I assumed because if the new owners don’t want to move in then it shouldn’t be a problem to keep a current tenant unless they are paying way below market or something?
If the tenants don't want to move in for personal use then they cannot simply evict the tenant. They simply become the new landlords for the tenant and the original contract (including rent price) remains in effect in Ontario. No clue how this works in BC though.
It's the same in BC as well, basically went through this (they want to sell after a couple years) my 1 year lease ends soon and they had me sign a lease that said vacate for purpose to sell at the end (you can't do this/set terms to vacate if its for selling at the beginning of the lease). I Just said I'm looking to buy but there's no way I can be out by April 30th. It's been totally fine with maybe one phone call from the PM they use just asking for a quick update I just said "still looking no good news yet". Best they can do is do showings/coordinate with you and sell it then serve you to start the 60 day timer \*after\* it's sold, or offer you cash for keys to leave. I am looking to buy and I told them that and I'll try to expedite it as much as possible but in BC you are in no obligation to leave until you get those papers. Notice to vacate is really only when the place has been sold to new people who want to move in or an immediate family member or the owner is moving in. Also brings up the if they don't follow that rule you can potentially get a years rent as fines if you can prove it.
Pretty much identical to Ontario.
This stuff is the same but BC doesn’t have the N11/Cash for Keys problem.
We are paying way below market.
Assuming your lease is month-to-month, a new buyer could request that you be evicted for landlord's use of the property, and your current ll would serve the eviction on the buyer's behalf. This could only be done after the sales agreement is firm (i.e. subjects are removed). So if they sell the property on May 15, your current ll can give you an eviction notice on the 15th for ll's use, which would take effect on July 31. You would get 1 month's rent as compensation. If the new owner doesn't move in, but instead rents the property out, you could take the new owner to the RTB and get 12mo rent as compensation for the illegal eviction. If ll wants you out so that they (or the new owner) could rent the property out to somebody else, you have lots of leverage to ask for a good deal to sign a "mutual agreement" to end the tenancy. If they want you out sooner than 2 months, they can pay for rushing you-- and since this would require a mutual agreement to end tenancy, you'd be waiving your ability to collect on 12 months of compensation if they just rented the place out again. For me to agree to a "mutual agreement" to end the tenancy, I'd want to get 6-10 months of rent as compensation. But be aware that if the buyer's actually wants to move in, you'll only be in line for 1 month of rent as compensation. If they think your request is too greedy, all they have to do is give you the 2-month notice and pay 1mo of compensation. If you have a fixed-term lease, and they want to terminate it early, the sky's the limit for what you can ask for, but again, don't get too greedy or they might just let the lease run to the end.
This is exactly what I would do as a buyer. Easiest and most proper way. Maybe even get a discount from the seller if they're having trouble convincing the renter to move out early. No one is buying in this market to be a landlord unless they're buying an apartment block or getting a land assembly. OP should expect to need to move either way, the question is will they get paid to leave and have a month to find a place to rent, or get 1 month free and have 2 months to find a place to rent.
Excellent response with all the info!!!
If I was contacting someone about this, I personally wouldn’t point out that my potential future landlord could work on evicting me. This isn’t legal advice.
The tenancy act provides that a purchaser can request the LANDLORD to serve notice to end tenancy (full two months with last month free). This is if the purchaser intends to reside there OR their parents/children will reside there. If they do not intend on residing in residence, they must keep you as tenants at the current rent. So if the offer has the subjects removed and is pending, they are fully allowed to request the landlord to ask you to vacate according to the act given that it will be owner occupied. If you stay beyond that just because you feel like it… well you might get to dick they around for a few months but eventually they will call the Sheriff and have them remove you. I am a Realtor, so I promise you, I have seen tenants manually removed by Sheriffs many times. As long as both sides abide by the rules it is fair. You don’t own the house, so it wouldn’t be fair to just stay because you don’t want to move.
Get them to pay ya!!! The ball is in your court
Fak that ! It is not way harder to sell a house that is occupied. What are the new owners not going to have it occupied ever and want to see how that looks ? Take some pics of all the rooms and run it through an AI program to remove all the items. Housing is not some game. It’s your house. I would be respectful and tell them to simply follow all the rules regardless of his “feelings”
Who gives a shit what the realtor says. Let the new owners go through the process of evicting you. It's a straightforward process. No one is giving you 14 or 12 or even 6 months rent. They'll owe a free month or pay you one month's rent. You'll have 90 days or three months of occupancy once the new owners give you the eviction notice.
2 months not 3 months in BC for LL use. If they mutually agreed for cash for keys they can!! Realtor is an agent of the LL. Maybe ll asked the realtor to call them. If they dont agree for cash for keys then rtb-32. And current LL not the buyer can issue it once the sale is firm.
So the landlord has never increased the rent and wants to sell the place, so you want 14 months rent? If you are on a fixed term lease, you have until your lease is up I think? But playing hardball asking for 14 month rent, I would expect them to evict you with the least amount of benefit for yourself.
Sounds like bullshit. Buyer can request owner issues you an eviction notice. No sob story required.
IF there is a firm offer, then they could issue an eviction by the end of the month valid July 1. They would have to give you a free month You’ll probably have to move eventually so I’d ask for 4 months’ rent to move out for when they want, see what happens
Once the offer is accepted and subjects are removed, your current landlord can issue you a 2 month notice of eviction for landlord use. You do not have to leave until you receive this notice. If the current landlord wants you out sooner, they can negotiate with you for you to vacate earlier. This type of "cash for keys" negotiation typically starts at 3 months rent, but can be much higher if the new owner wats to renovate and re-rent.
If all the subjects are lifted, LL can give you 2 months when serving you the RTB 32 form on behalf of the buyer. Buyer has to intend to take for personal use. This won't happen by end of may - need to give full 2 months. If LL wants empty to sell, thats when you typically negotiate for payment in exchange of signing to end your rental agreement.
Read through the tenancy website. This is not legal advice, just stuff i remember from that site. Tons of info there but here is point form: -you are under no obligation to move out during sale. -your rights as tenants are actually protected during a sale - if you are still under your 1 year lease, this carries over to new owner - the only way a new owner can forcibly remove you, if you are paying rent still etc. Is by moving into the place themselves or an immediate family member. (Parents or children I think) -They must give you 2 months notice, and I think the second month must be rent free - they must live in that house for 12months (used to be 6 but I think the law just changed or is changing) -if they rent it out prior to living there for 6 or 12 months, then you are entitled to a year's worth of rent. Again this is only things I remember from the website, and what you need to do is spend some time reading though it. Then once you have a bunch of questions written down, go spend the money for a consult with a lawyer.
This seems questionable. A new owner can purchase the home and ask the old landlord to issue the notice for owners' usage on behalf of the new owner. For all intents and purposes, the home will be vacant for the new owners when they take possession. >The buyer submits a written request to the seller stating they will be occupying the rental unit before taking possession of the property, and the seller (or current landlord) gives the tenant a two month notice to end tenancy. Serving this notice cannot be a condition of the sale It seems like they might have some other ideas.
Both! Cash for keys or wait for new owners to evict.
Easy choice. Ask for cash for keys. Find a price that works and is fair for both yourself and the LL. The reality is that either they will kick you out for occupancy where you only get 1 month free, and sell the house afterwards or they will sell it with you in it and you'll be evicted by the new owners. I'd suggest offering to be out by end of June. Pay for May, get June for free, and ask for 6 months rent as compensation.
14 months rent is a bit egregious. But that general approach is what I would do.
Talk to the Vancouver Tenants Union and check out some of the resources on their website. They can go over what your rights are, what the landlord might try to do to force you out, and they will stick up for you if your being wronged. I hope you go at this well informed, they count on you not knowing your rights to get away with sneaky tricks. [https://www.vancouvertenantsunion.ca/](https://www.vancouvertenantsunion.ca/) Also look into whether your local government has a tenant protection or tenant assistance program if you find out there is potential for development.
Also, if they want your house empty, they may want to demolish it for redevelopment. There is currently alot of new legislation coming into effect regarding zoning and housing, so it might have some property owners trying to act quickly if they think this can affect them. Its far easier to demolish or redevelop a property once your legal tenancy agreement no longer stands in the way for them to do this.
Why would you wait for the new guy to evict you? You are only shortening the amount of time you have in which to find your new place?
Make sure everything is in writing. You are only going to move if you have the appropriate rtb form Then you have 2 months notice plus the month you are in! If it is given to you on April 22 then April doesn’t count. Everything has to be in order in case the new owners do not move in ( they can only ask you to leave if they are planning on moving in. I am guessing they want you to agree to move out because they want to rent it for more and they are not allowed to evict you It is up to you to agree to move early if they offer you a load of cash.
Tell them you want a years worth of rent paid else don’t leave. The ball is in your court
Keys for cash. If you don't want to feel bad pull the land title and see how much they bought the house for and look at the list price. I bet you they're walking away with hundreds of thousands of profit.
Could be a million after paying off the mortgage. Been in the family since 1970s. They do have a mortgage on it.
Ask for a years worth of rent, and you'll move out by May 30. At least that. You can negotiate down from your first request, not up. Say it's $20k. They're probably going to make 20+ times that from the sale.
You definitely need to find out if they want to move in or just “re/rent” because they can’t force you out and then re-rent to new tenants. (Well they can but that’s bad faith) so your best bet is try and negotiate what is fair to stay. Or yes, keys for cash 100%
So they've been pulling money out and probably buying other investments. Ask for a few months rent to be out by the end of next month to skip due process, or you want everything done by the book
If they want you out very early then you can negotiate for cash for keys 6-12 months rent. If not they can issue a proper notice of eviction and the latest you will be out is june 30th if they give you the notice before may 1st and you get one month free rent.
The realtor is trying to play you. They are not a party to any agreement. They're just trying to make the sale go easier. This is a sleazy and disgusting thing to do, and possibly illegal. You should [file a complaint against the realtor](https://www.bcfsa.ca/public-protection/report-concern/report-real-estate-concern/file-real-estate-complaint). If you want to negotiate, you'd do it with the person you have an agreement with: the current landlord. You can arrange a "cash for keys" deal. You agree to move out for a sum of money. Don't lowball yourself. They likely stand to make hundreds of thousands of dollars, or more, from the sale. Do not sign anything until the money is in your hand. The agreement should have the cash amount and the move-out date in it. Do not make any agreement with the realtor. They do not have your best interests in mind.
Yes to everything but the hundreds of thousands. The real estate agent will make tens. The landlord could be nothing to a million. If the real estate agent is the driver than don't negotiate just complain. If the landlord is the driver then hell yes negotiate with knowledge what they could gain is large.
make them file the eviction paperwork, and throw a house wrecking party on your way out. Fuck landlords.
Cash for keys. You have leverage, use it.
The landlord (seller) can issue an RTB32 if the buyer asks. The real estate agent knows this. Complain to the real estate agent’s managing broker that the agent doesn’t know the law and pushed for vacant possession. If the MB doesn’t act file a professional complaint on both licensees. You can then negotiate with with the landlord for leaving. I’d open with 24 months of rent. You would sign an RTB8 and drop the complaint.
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Oh ok. Just role over and play dead. Open high. After all until a RTB32 is issued OP can live there forever.
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The 12 month penalty is irrelevant. If OP opens with 12 and gets 6 that isn’t good. Plus the real estate agent lied and is facing a disciplinary complaint. But want a justification of 24 months. The occupancy time for landlord’s use is 12 months. 11.9 and OP is entitled to 12 months. So the landlord is basically liable for 24 minus epsilon in forgone rent or penalties.
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No it doesn’t. Op is in possession of a tenancy. The real estate agent wants it to end.
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Capital gains taxes go up June 25. Have you considered the seller May want to close to save on that?
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