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Alex Esquire
Alex Esquire, Lawyer
Category: Canada Law
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Experience:  Experienced Licensed Attorney
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Can t I ask my tenant to move out before end of the lease

Resolved Question:

Can t I ask my tenant to move out before end of the lease by giving him the N12 form.
I signed a lease agreement for one year from Oct.15 th 2012 till Oct.15.2013.
I sold my current house and would like to move back in into my old house.
I presented the N12 form to my tenant asking him to move out on Aug.15 what is 60 before the end of our lease agreement .He said it is illegal , because we signed the lease for a year and he has the right to stay and I can be homeless .
Submitted: 1 year ago.
Category: Canada Law
Expert:  Alex Esquire replied 1 year ago.

Alex Esquire :

Hello. My name isXXXXX will be happy to answer your question.

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about your difficult situation.

Alex Esquire :

Is your tenant current on the rent and otherwise in compliance with the terms of your written lease?

Customer:

I have postdated cheques and there was no problems before.

Alex Esquire :

Unfortunately, as long as the tenant is up to date on rent payments and also is not in breach of the lease otherwise, the tenant does have the legal right to rent the property until the expiration of the lease on October 15, 2013.

Alex Esquire :

Does that make sense?

Customer:

What is the form N12 for ?

Alex Esquire :

This is for the landlord who want to terminate tenancy at the END OF LEASE TERM.

Alex Esquire :

This mean that the landlord can use this form to let tenant know that once the lease expire, the landlord is asking the tenant to vacate.

Alex Esquire :

Does that make sense?

Alex Esquire :

So you can only terminate the tenant's tenancy as of the last date of the date in the lease, which is October 15, 2013

Customer:

It means that because I signed the contract I can not brake it and be homeless for few months.

Alex Esquire :

Correct

Alex Esquire :

The lease is a legally binding contract

Alex Esquire :

You can negotiate an early termination of the lease with the tenant, but the tenant would have to agree to it and you might have to offer some money to the tenant in order to move out early.

Alex Esquire :

Does this make sense?

Alex Esquire :

Also, you do not have to be homeless. but you can either postpone the closing related to the sale of your current house or find temporary living arrangement.

Customer:

If he doesn't agree to leave early , what id the date I can terminate his tenancy .Is it Aug.15 th. - .Which is 60 days to the end of the contract

Alex Esquire :

It would be October 15, 2013

Alex Esquire :

That would be the earliest day, but you can send the termination N12 form on Aug 15

Alex Esquire :

or even earlier

Customer:

He has one year lease agreement .Does it mean that he has to move out on Oct.15 .2013 ?

Alex Esquire :

Correct.

Alex Esquire :

Unless you fail to provide the tenant with the N12 notice 60 days prior to October 15, 2013 and then the tenant will have a month to month tenancy.

Customer:

I don't wont him to stay even a day longer

Alex Esquire :

I completely understand.

Alex Esquire :

The only thing that you can do is to serve the tenant with N12 form at least 60 days before October 15, 2013 and hope that he will move out on October 15, 2013.

Customer:

To make sure he have to move out on Oct.15 I have to give him the form N12 on Aug.15

Alex Esquire :

Correct. By August 15, 2013

Customer:

Ok.Thank you

Alex Esquire :

Please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Alex Esquire :

Thank you and GOD bless you!

Alex Esquire :

Do you have any related follow up questions for me?

Alex Esquire :

Please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.


Alex Esquire, Lawyer
Category: Canada Law
Satisfied Customers: 12754
Experience: Experienced Licensed Attorney
Alex Esquire and other Canada Law Specialists are ready to help you
Expert:  Alex Esquire replied 1 year ago.
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Expert:  Alex Esquire replied 1 year ago.
Dear Beata,

Please click on the "Excellent Service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Expert:  Alex Esquire replied 1 year ago.
Dear Beata,

I had no way of knowing that your question referred to Canadian Law, until I provided you with my answer, so I will have to transfer your question to JustAnswer.com Canada Law category.

I wish you the best of luck!
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am a lawyer in Canada and happy to assist you.

Your real estate agent is not correct unfortunately.

You can only evict a month to month tenant because you want to move back into the home.

You cannot terminate a fixed term lease early.

I am sorry this is not the answer you were hoping for.

Let me know if you need any further clarification.

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