I have purchased a place recently and the sellers wrote into the sale contract that they will rent back the home and all out buildings for the month of Dec 2011 and potencailly jan and Feb 2012 at a monthly rate of $1000.00 per month. Seller agrees to give 10 days notice before the end of the month when ending the tenancy.
I gave a written letter hand delivered to the sellers November 30th 2011 (now renters as of Dec1) stating that we the owners of the property want vacant possession of the home property and all out buildings effective Jan 1 2012. I have asked them to remove some animals by a certain date and to make vacant possession of one of the out door sheds that is already empty by the 6th of this month.
I thought as a now land lord it was my duty to inform them that we intend to move in. As I understand it they may have the right to stay until Feb 1 2012.
Can you give any advise in this instance.
Asked 6 months ago in British Columbia
Categories:
Landlord-Tenant
Real Estate
 |
 British Columbia lawyer
|
Prior to giving any advice, would require that the contract be reviewed. Please give me a call or email.
Posted 6 months ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact James R Clapp, search
the Lawyer Directory, or use our free Lawyer Referral Service.
 |
British Columbia lawyer |
It's impossible to give you proper advice without reviewing your actual contractual documents. Your handwritten note may or may not satisfy the Residential Tenancy Office requirements. If you had a fixed term tenancy your tenancy agreement should have specified: (1) an end date for the lease; and (2) that the tenants (former owners) would vacate the property on that date (initialed by tenants). If you didn't execute a fixed term lease, you'll need to execute an agreement to end tenancy with the tenants, or give 2 months notice pursuant to section 49 of the Residential Tenancy Act. If you give notice under section 49, the tenant may, at any time, end the tenancy on 10 days notice.
Posted 6 months ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact Brahm Dorst, search
the Lawyer Directory, or use our free Lawyer Referral Service.
 |
British Columbia lawyer |
As indicated by the other lawyers who answered, there are two main aspects to properly answering your question: (1) the specific terms of the purchase and sale contract; and (2) the provisions of the BC Residential Tenancy Act. For a lawyer to properly answer your question, they will need to see a copy of the full purchase and sale contract (including the closing documents for the purchase/sale and any correspondence on the issue of the tenancy exchanged between the lawyers/notaries handling the purchase/sale) and the correspondence between you and the sellers (now renters) concerning their tenancy. I am happy to assist and you can contact me through my profile on AdviceScene.
Posted 6 months ago
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
Contact Harley J Harris, search
the Lawyer Directory, or use our free Lawyer Referral Service.
Follow Us
