Notice to Vacate given but your landlord never sold the unit – What now?

Due to the popular trend, landlord’s are sending Notice to Vacate with the intention of selling as a means to evict their tenants for higher rent.

First, this is illegal per Decree 43 of 2013, however many people either do not know this or do not care.  Here are a few more things you should know.

First, if your landlord gives you a notice to vacate, it must be:

  1. A 12 month notice
  2. The notice must be notarized and sent via certified mail on the proper form

Let’s assume the above was done correctly, the 12 months has passed and it is time to renew your contract but the landlord has not sold the unit yet.  Does the tenant have any rights?  The answer is Yes.

If the landlord did not sell the unit and it is time for renewal, by law the tenant has the right to renew.

If the landlord has sold the unit, by law, the tenant must be notified of the sale and the tenancy contract is transferred to the new owner.  At the end of the tenancy contract, the tenant has the right to renew the contract unless the new owner plans on moving into the unit themselves.  In this case, the new owner will have to give a 12 month notice to vacate to the tenant.

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