The Seller had a rather difficult Tenant and has sold the house, and has delivered the appropriate notices to the Tenant to terminate the tenancy. The Tenant has refused to cooperate and will not move out in time. What will happen on closing? Can the Seller insist that the Buyer take over the Tenant?
This is a good question. The present standard Forms do not take that issue into consideration. It would be preferable in most cases if the transaction were extended so as to permit an eviction application to take place. Upon closing, the Seller will be in breach and the Buyer will have the right to terminate. A better deal could have been struck for both parties.
Brian Madigan LL.B., Broker