Successor Landlords in Title (RTA)

From Riverview Legal Group
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CET-70900-17 (Re), 2017 CanLII 93897 (ON LTB)[1]

17. The new owner(s) meets the definition of a landlord in section 2 of the Act as a successor in title. Furthermore, as set out in section 18 of the Act, covenants (agreements or contracts) regarding the rental unit or residential complex run with the land. For the purposes of re-gaining possession of the rental unit, the new owner(s) of the property is governed by this order.

TEL-81897-17 (Re), 2018 CanLII 42843 (ON LTB)[2]

The New Landlord’s Rights

16. As I explained several times at the hearing, the new Landlord is permitted to claim any and all outstanding rent that became due for the period before they bought the property.

17. Pursuant to section 18 of the Act, covenants “run with the land” which means when there is a transfer of title the new landlord steps into the shoes of the old landlord and they must accept the terms and conditions of the tenancy as they find them. In other words, the new Landlord must accept any debts or credits in the tenancy and is entitled to claim any outstanding arrears of rent.

18. Based on the evidence before me, I find that the new Landlord is entitled to collect any amount of rent that may be outstanding, including rent arrears for the period prior to the sale of the property.

CEL-59323-16 (Re), 2016 CanLII 71330 (ON LTB)[3]

References

  1. CET-70900-17 (Re), 2017 CanLII 93897 (ON LTB), <https://canlii.ca/t/hq1w9>, retrieved on 2021-05-17
  2. TEL-81897-17 (Re), 2018 CanLII 42843 (ON LTB), <https://canlii.ca/t/hs1c6>, retrieved on 2021-05-17
  3. CEL-59323-16 (Re), 2016 CanLII 71330 (ON LTB), <https://canlii.ca/t/gv8cd>, retrieved on 2021-05-17