New Owner Moving In
When someone buys the building you rent from, the landlord can serve tenants a letter from the new owner (a signed affidavit) that says they’re moving in and the tenants will need to leave. This is typically done when a house, townhouse, or condo sells, and the new owner intends to live there themselves. This cannot be done before the conditions of the sale have been met or after the sale goes through.
Forms
These forms are only served when a property is purchased by a new owner. If the old landlord intends to move themselves or a family member into the unit, they must serve tenants a Form F.
Form DR2: Landlord’s Notice to Quit – Purchaser to Occupy Premises
Notifies a tenant the building is being sold and the new owner intends to move into their unit. Can only be served in buildings with 4 units or less.
Not to be confused with Form DR2: Tenant’s Notice to Quit – Purchaser to Occupy Premises
Sworn Affidavit from Purchaser
A sworn legal document that says the new owner, or one of their family members, intends to live in the unit.
Form J: Application to the Director
Generalized request form for the Director of Residential Tenancies. In this case, for an Eviction Order.
Timeline
Form DR2 and a Sworn Affidavit from the Purchaser must be served by the previous landlord (or an agent acting on behalf of the landlord – like a real estate agent or superintendent) two months before they want the tenants to vacate.
Tenants can vacate at any point after the DR2 is served, provided they give 10 days’ notice by serving a Form DR2: Tenant’s Notice to Quit – Purchaser to Occupy Premises.
If tenants decide to challenge the Form DR2, they must file a Form J before the two-month period is over.
If an Eviction Order is granted, the tenant must move out on the date specified in the Order (unless they appeal to Small Claims, more on this in Disputes & Resolutions). This date is set by the Residential Tenancy Officer and can vary depending on their ruling or your situation.
Hearing Process
Tenants can challenge the eviction by filing a Form J (more information in Disputes & Resolutions). If they do, a Residential Tenancies Officer will set a hearing date that the landlord and tenant can both attend to argue their case.
If tenants do not challenge the eviction or move out on the date specified in the DR2, the landlord needs to file a Form J to get an Eviction Order. These hearings follow the standard Residential Tenancies hearing format.
Previous Legal Decisions
The new owner must provide a sworn affidavit that they or their family member intend to live in the unit. They can’t just provide a letter stating their intention or any other form of declaration. (Reid v. O’Hearn Holdings Trust, 2024 NSSM 5)
The Notice to Quit must be served by the old landlord, not the purchaser of the building. (Dorfschmidt v. Knewblewski 2022 NSSM 26)
