What can I do if I have Signed an Agreement of Purchase and Sale to sell a Property, but a Tenant in the Property Refuses to Leave by the Closing Date?

If you have signed an agreement of purchase and sale to sell a property, but a tenant in the property refuses to leave by the closing date, there are several options available to you:

  1. Negotiate with the Tenant: Try to negotiate with the tenant to see if they are willing to move out before the closing date. You could offer to help them find a new place to live or provide some financial assistance to help with their relocation.
  2. Serve an Eviction Notice: If negotiations fail, you may need to serve an eviction notice to the tenant. Depending on the reason for the eviction, you may need to follow specific legal procedures to ensure that the eviction is lawful.
  3. Seek Legal Advice: Consider seeking legal advice from a real estate lawyer who can advise you on the legal options available to you and help you navigate the eviction process. A lawyer can also help you ensure that you comply with all relevant laws and regulations.
  4. Delay the Closing: If the tenant refuses to leave by the closing date, you may need to delay the closing until the tenant vacates the property. This may require renegotiating the terms of the agreement of purchase and sale with the buyer, so it’s important to consult with a lawyer before taking this step.

Ultimately, the best course of action will depend on the specific circumstances of your situation, and it’s important to seek legal advice to ensure that you protect your rights and interests as a property owner. If you have any questions for our real estate lawyers, please contact us at info@falconlawyers.ca or 1-877-892-7778.

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