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03-10-2020, 13:49   #1
Textra_vision
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End of lease is imminent, landlord may be selling, question on notice period

I've been in this apartment on a yearly fixed-term lease for a number of years. This year's lease is due to end in less than 2 weeks, and I now have reason to believe our landlord may be planning to sell the place and will ask us to leave.

On rereading the lease, I see it states that the landlord can give us 28 days notice to leave once the lease has expired.

According to the residential tenancies act however I am entitled to 120 days notice.

My question is: Does the tenancies act overrule this part of my lease or have I effectively signed away my right to the 120 days notice?

And a related question: If a landlord wants a tenant to leave at end of lease, would they normally wait until the lease has expired to mention it or would they let the tenant know earlier?

Thanks in advance for any help.
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03-10-2020, 13:51   #2
whomitconcerns
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How many years have you lived there. Part 4 rules can only give you more rights not less?

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Originally Posted by Textra_vision View Post
I've been in this apartment on a yearly fixed-term lease for a number of years. This year's lease is due to end in less than 2 weeks, and I now have reason to believe our landlord may be planning to sell the place and will ask us to leave.

On rereading the lease, I see it states that the landlord can give us 28 days notice to leave once the lease has expired.

According to the residential tenancies act however I am entitled to 120 days notice.

My question is: Does the tenancies act overrule this part of my lease or have I effectively signed away my right to the 120 days notice?

And a related question: If a landlord wants a tenant to leave at end of lease, would they normally wait until the lease has expired to mention it or would they let the tenant know earlier?

Thanks in advance for any help.
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03-10-2020, 20:36   #3
dennyk
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A lease cannot override your statutory rights under the RTA; you are entitled to the statutory notice period at least. (If your tenancy agreement specifies a *longer* landlord's notice period, though, that would be allowed; an agreement can give you more than the law requires, but not less.)

Your landlord isn't required to give you any advance notice beyond the statutory notice period, so an informal "heads-up" in advance of the official notice that he's planning to sell the place soon would be entirely up to his own discretion. Such an informal notification does not count as notice or start the notice period, however; he must provide a proper written notice of termination with all of the required information (including a statutory declaration, if he intends to sell or occupy the property) before the notice period begins.
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04-10-2020, 15:40   #4
Claw Hammer
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Quote:
Originally Posted by Textra_vision View Post
I've been in this apartment on a yearly fixed-term lease for a number of years. This year's lease is due to end in less than 2 weeks, and I now have reason to believe our landlord may be planning to sell the place and will ask us to leave.

On rereading the lease, I see it states that the landlord can give us 28 days notice to leave once the lease has expired.

According to the residential tenancies act however I am entitled to 120 days notice.

My question is: Does the tenancies act overrule this part of my lease or have I effectively signed away my right to the 120 days notice?

And a related question: If a landlord wants a tenant to leave at end of lease, would they normally wait until the lease has expired to mention it or would they let the tenant know earlier?

Thanks in advance for any help.
Question 1, you're entitled to the benefit of the longer period. If the lease gives you a longer period, that is the period you get or if the Act gives you a longer period than that is the period you get.

Question 2, there is a view among adjudicators in the RTB that notice cannot be given during the period of a fixed term lease. Some landlords don't tell the tenant anything about wanting them to go onto the last minute in case the tenant stops paying the rent or takes the opportunity to move early. Other landlords tell the tenants as soon as possible in the hope that they will leave early.
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