Question:

Will the tenant have to move out?

by Guest784  |  6 years, 7 month(s) ago

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Will the tenant have to move out?

 Tags: move, tenant

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2 ANSWERS

  1. Guest785

     

    It depends on what step of the foreclosure process the property is in, and what the landlord and bank decide to do. Sometimes a landlord is able to work something out with the bank, or is able to bring the mortgage current, in which case the landlord remains the owner of the property. Sometimes, if the property is sold through the foreclosure, the new owner will become the landlord.

     

    More commonly, however, a tenant is required to vacate the property. Whether the bank becomes the legal owner of the property, or the property is sold to another person during the foreclosure process, the bank or new owner will usually be entitled to possession of the property within 30 days from the date the tenant is served with the Order. If a tenant is served with a Court Order requiring them to move, then the tenant should contact the lawyer whose name and contact information is on the front of the Order and ask for clarification of when s/he has to move. The tenant could also ask the lawyer for an extension on the time to move, but the lawyer may not agree to that request.

     

    The notice periods under the Residential Tenancies Act do not apply if a Justice or Master of the Court of Queen’s Bench issues an Order requiring that the property be vacant.

  2. Guest785

     

    It depends on what step of the foreclosure process the property is in, and what the landlord and bank decide to do. Sometimes a landlord is able to work something out with the bank, or is able to bring the mortgage current, in which case the landlord remains the owner of the property. Sometimes, if the property is sold through the foreclosure, the new owner will become the landlord.

    More commonly, however, a tenant is required to vacate the property. Whether the bank becomes the legal owner of the property, or the property is sold to another person during the foreclosure process, the bank or new owner will usually be entitled to possession of the property within 30 days from the date the tenant is served with the Order. If a tenant is served with a Court Order requiring them to move, then the tenant should contact the lawyer whose name and contact information is on the front of the Order and ask for clarification of when s/he has to move. The tenant could also ask the lawyer for an extension on the time to move, but the lawyer may not agree to that request.

     

    The notice periods under the Residential Tenancies Act do not apply if a Justice or Master of the Court of Queen’s Bench issues an Order requiring that the property be vacant.

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