Landlording Advice - Ending Tenancy by Landlord

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Landlording Problems - Ending Tenancy by Landlord

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- Notice of Termination
Q: My boyfriend lives in a split level house where the upstairs and the downstairs are two diffrent rental units. The upstairs is on a lease till the end of December and the downstairs is month to month. At the end of the lease my boyfriend would like to rent the whole house and the landlord said the whole house is able to be rented by one party. The downstairs has a tenant living in it right now, is it legal for the landlord to evict the downstairs tenant so the whole house can be rented.
A: No. The landlord isn't able to end a tenancy for capricious reasons. He can only end a month-to-month tenancy for cause under section 47 of the Act, for employment under section 48, or for conversion or his own use under section 49.
So the landlord is kinda' hooped in the situation you describe - unless he cuts a deal with the month-to-month guy and gets it in writing that the tenancy is ending by consent of the parties.
Leases are different because they have specific start and end dates, which is why many landlords prefer them; but thinking about tossing out a month-to-month tenant so the landlord can rent it to somebody else could quickly get the landlord into considerable trouble, unanticipated expenses, and a substantial expenditure of time and resources - not to mention that he will also experience a remarkable amount of anxiety and stress if his actions get challenged.


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