Selling a tenanted property in York Region, Uxbridge and Simcoe County
Selling a home with a tenant in it takes a different plan from selling a vacant one. I’m Matthew Gizzie, a REALTOR® with Keller Williams Realty Centres in Newmarket. I help owners of rented houses, basement units, condos and small multi-unit properties sell in a way that respects the tenancy and holds together through closing.
Our first conversation is free and private. We’ll identify the sale options worth exploring, the information still needed, and your next practical step.
I’m a real estate agent, not a lawyer, paralegal, accountant or property manager. This page shows where each of them fits.
How I help
One plan for the lease, the tenant, the buyers and the closing
A tenanted sale has more moving parts than most: the lease, the tenant’s rights, the buyers who fit, what can be shown, and what can honestly be promised about possession. I’ve sold homes with tenants living in them, and I bring those pieces into one plan before anything goes on the market.
Matthew GizzieREALTOR®, Keller Williams Realty Centres, Newmarket
Free, whether or not you list with me
Your Tenanted Sale Plan
After our conversation and a look at the documents you choose to share, I put four things in writing:
1
Who’s likely to buy
Investors, owner-occupiers who’d keep a tenant, or buyers who’d want to move in, assessed from the tenancy, income, layout, condition, comparable sales and current market activity.
2
How we’ll market it
What can be photographed and shown, how showings will be booked around your tenant, and what tenancy information goes in the listing.
3
What you’d likely net
An opinion of value from comparable sales and a projected net proceeds sheet, with the rental-specific costs flagged.
4
What’s still open
The possession and tenancy questions your lawyer or paralegal needs to answer before you list.
It’s yours to share with your lawyer, accountant or family.
A tenancy ends when the tenant gives notice, when landlord and tenant agree, or when the landlord gives notice for a reason the law allows and the tenant moves or the Landlord and Tenant Board orders it. A sale isn’t on that list.
If a tenant stays after a notice, the landlord must apply to the Board. Only the Court Enforcement Office (the Sheriff) can enforce an eviction order, and changing the locks yourself is an offence.
Most rentals in houses, condos and basement apartments are covered by Ontario’s Residential Tenancies Act. Some arrangements aren’t, or need a closer look: a tenant required to share a kitchen or bathroom with the owner, or with the owner’s spouse, child or parent (or the spouse’s child or parent) living in the building; seasonal or temporary stays; combined living and business space; or a relative living there with no real tenancy. Ask a lawyer or licensed paralegal which rules apply before you plan anything. Ontario: Renting in Ontario · LTB: Renting in Ontario
Your options before listing
Four ways a tenanted sale can go, and what each takes
Which of these is open to you depends on the property, the tenancy and the buyer. Your lawyer or paralegal confirms which apply. I help you weigh what each means for price, timing and the buyers you’ll reach.
Tenancy carries on to the buyerUnit becomes vacant
1
Tenancy continuesThe buyer takes it over
Doesn’t depend on the tenant leaving
What happens
The buyer becomes the landlord. The lease, rent and deposit carry over.
When it’s open
Doesn’t require ending the tenancy. Confirm any property-specific restrictions.
Money
Rent continues to you until closing.
Timing
Avoids relying on the tenant moving out. Normal transaction risks remain.
Who it suits
Investors, and buyers who’ll live in a lawfully available unit and keep the tenancy in the other.
Watch for
Fewer owner-occupier buyers; every showing needs notice.
2
Buyer moves inPurchaser’s own use
Vacancy by notice, which the tenant can dispute
What happens
After you sign a sale agreement, you give an N12 notice so the buyer, or another person eligible under Ontario’s purchaser’s-own-use rules, can move in.
When it’s open
3 or fewer residential units, or a condo unit; a signed agreement meeting the requirements, reviewed by your lawyer; an eligible person genuinely intends to live there.
Money
You pay the tenant one month’s rent, or offer a unit they accept, by the termination date.
Timing
At least 60 days, ending on the last day of a rental period or lease term. The tenant can dispute it at a hearing.
Who it suits
Buyers who want to live in the property.
Watch for
Bad-faith claims if the buyer doesn’t move in; the closing date must allow for the process.
3
Tenant agrees to leaveA genuine agreement
Vacancy by signed agreement (N11)
What happens
You and the tenant sign an agreement to end the tenancy on a date (form N11).
When it’s open
The tenant freely agrees. You can’t require it.
Money
Any payment is negotiated, with legal advice.
Timing
A signed agreement can still lead to the Board if plans change.
Who it suits
Situations where both sides want a clean move.
Watch for
It must be genuine. Pressure or misleading statements create legal risk.
4
Tenant leaves on their ownTheir decision
Vacancy only if the tenant chooses
What happens
The tenant gives notice and moves; you sell vacant afterwards.
When it’s open
The tenant decides.
Money
No move-out payment assumed. Confirm rent, deposit and other adjustments.
Timing
Not in your control.
Who it suits
Owners who can wait and carry the costs.
Watch for
Carrying costs while you wait.
Eligible people for a buyer’s-own-use notice: the buyer, the buyer’s spouse, a child or parent of either of them, or someone who provides or will provide care services to one of those people. Living in one unit and keeping the other rented: the buyer still needs a lawful way to occupy their unit; it must be vacant at closing, or any tenancy there must end lawfully first.
A landlord who gives at least 120 days’ notice no longer owes one month’s compensation when the landlord or their family moves in. That change does not apply when the notice is for a buyer moving in: the seller still owes the tenant one month’s rent, or another unit the tenant accepts, however much notice is given. Bill 60, Schedule 12 · LTB update · Guideline 12
Paths that aren’t a selling strategy
“I’ll move in myself first, then sell.”
A landlord’s-own-use notice requires a genuine intention to live there for at least a year. If the unit is advertised for sale within a year after the tenant leaves, the Board presumes bad faith. Remedies can include up to 12 months’ rent, the tenant’s higher rent for a year, moving costs and fines. Guideline 12
Up to 12 months’ rentamong the possible remedies for bad faith
Renovation, demolition or conversion notices
Each has its own requirements and compensation rules. They aren’t a substitute for a sale plan. Get legal advice before considering one.
Corporations and estates
They can’t use the landlord’s-own-use notice. Guideline 12
The limits of this page
What this page can’t tell you
It explains the options. It can’t tell you:
Whether a notice is valid for your property
Whether a buyer qualifies
When a unit will be vacant
Those depend on facts a lawyer or licensed paralegal should assess.
Where I come in
What I can do
Show you how each path affects:
Your price
Your timing
The buyers you’ll reach
So the questions you take to them are the right ones.
Who does what
What I do, who I can refer you to, and what stays with you
A tenanted sale involves your real estate lawyer, often a tenancy professional, and sometimes an accountant. Here’s where each fits, so nobody assumes someone else has it covered.
MeI handle personally
The first conversation and, with proper notice to your tenant, a walk-through
Your Tenanted Sale Plan
A written opinion of what the property would sell for, with the comparable sales behind it
A projected net proceeds sheet before you list
Pricing, listing and marketing: professional photography, 3D tour, drone and 4K video, following my photography policy below
Coordinating showing appointments through BrokerBay, with required written entry notices delivered by a legally permitted method
Offers and negotiation, with terms that match the tenancy as it actually is
Working with your lawyer through conditions and closing
Through meI can refer you to
Lawyers and licensed paralegals who handle residential tenancies
Accountants who work with rental-property sales
Property managers, if you need someone local
Cleaners and trades, for the parts of the property you control
You choose whether to hire anyone I refer, and you deal with them directly.
Your professionalsYou engage separately
Real estate lawyer
The purchase agreement, title, possession clauses, closing, and the adjustments for rent and deposits
Lawyer or licensed paralegal for tenancy matters
Tenancy advice, notices, any agreement with the tenant, and Landlord and Tenant Board proceedings, within their permitted scope
Accountant
Capital gains, recapture of depreciation (capital cost allowance) if you claimed it, any principal-residence portion, and tax residency. CRA: Rental income guide
Your municipality
Whether a second unit is permitted and was built with permits
Your insurer
Landlord coverage through to closing
YouAs the landlord
Your duties under the lease continue until closing: repairs, rent, receipts, deposits
Any notice to end the tenancy is given by you, as the landlord
Final decisions on price, terms and possession
Documents to organize first
What to gather before we talk
You don’t need everything for a first conversation. Gather what you have:
Tenancy agreements
The current lease, any renewals or amendments, and the date the tenancy started
Rent records
Current rent, the last increase and its notice, how and when rent is paid
Deposits
Any last month’s rent deposit, key deposit, and interest paid on the deposit
Notices and orders
Anything given or received by either side, and any Board application, order or payment agreement
Operating costs
Property tax, insurance, utilities (who pays which), maintenance and recent repairs
Known property issues
Repairs outstanding, anything the tenant has reported, and permits for any second unit or major work
Please don’t send any of these through the form. Leases and rent records contain your tenant’s personal information. If we work together, I’ll tell you how to share what’s needed securely, and only what a buyer or lawyer actually needs.
Is the rental unit legal?
A separate question from the tenancy
A tenant paying rent doesn’t make a unit legal. Whether a basement or second unit is permitted depends on municipal zoning, a building permit, inspections, and Building Code, electrical and fire safety requirements. Ask your town’s planning and building departments what’s on file before listing. Ontario: Add a second unit
Rent being paid≠A legal unit
A legal unit depends on
Municipal zoning
A building permit
Inspections
Building Code, electrical and fire safety
What this means for the sale: I describe the property in the listing as the records support. Buyers, lenders and insurers will ask, and a description you can’t back up becomes a problem during conditions or after closing.
Preparing and marketing an occupied home
It’s still your tenant’s home while you sell
Good marketing and a respected tenancy aren’t in conflict. Most of it comes down to early communication, proper notice and clear rules about what’s shown.
Talk to your tenant early
Tell your tenant about the sale before the sign goes up or anyone calls to book. Explain that their tenancy continues unless it ends lawfully, how showings will work, and who to contact. RECO encourages agents to urge sellers to work out arrangements with tenants ahead of time. RECO
Access and showings
24 hours’ written notice, with the date, the reason and a time or reasonable time window, between 8 a.m. and 8 p.m. LTB Guideline 19
With your written authorization, a registered real estate agent may enter with that notice to show the unit to a potential buyer.
I use BrokerBay to coordinate showing appointments. Required written entry notices are delivered using a legally permitted method, with any necessary written consent and at least 24 hours’ notice. LTB: serving documents
Before arranging interior marketing photography, video or a 3D tour, we agree on permission and privacy arrangements with the tenant. If interior media isn’t agreed, we market with exterior and drone images, the areas you occupy or control, and floor plans where measuring has been arranged.
This is how I work, not a summary of the law. Your lease may also contain terms about marketing photography, and your tenancy lawyer or paralegal can tell you what they allow. LTB Guideline 6
What goes in the listing, and what doesn’t
Marketing may include verified rent and tenancy information appropriate to the sale, such as the monthly rent, whether the lease is fixed term or month to month, and what the rent includes. Tenant identities, contact details, payment records and unredacted documents are handled separately, through a disclosure process your lawyer approves.
Belongings and condition
The tenant’s belongings are theirs. We don’t move or photograph them without permission. Your preparation focuses on what you control: the exterior, common areas and any vacant space.
Illustrative example
A sample marketing and communication timeline
Not a real property, client or result. Your plan depends on your lease, your tenant and your lawyer’s advice.
YouMeYour lawyer or paralegal
3 weeks beforeReview the tenancy.
Lease, rent and deposits; your lawyer or paralegal confirms which possession path, if any, is open.
YouLawyer or paralegalMe
2 weeks beforeTell your tenant.
A letter from you: the sale plans, that the tenancy continues, how showings will work, who to contact, and a request for permission for any interior media.
You, as the landlord
10 days beforePhotography.
Exterior and drone; interior media only as agreed with the tenant.
Me
Listing dayGo live.
The listing includes verified rent and lease status, and no tenant identities or records.
Me
Each showingNotice every time.
Appointments coordinated through BrokerBay; written entry notice delivered by a legally permitted method at least 24 hours ahead; the tenant may be present.
Mewith your authorization
After an offerNext steps.
The tenant is told the property has sold, and the new landlord’s details are shared as your lawyer advises.
YouYour lawyer
Pricing and buyers
What a tenanted property is worth, and to whom
There’s no automatic discount for a tenanted property and no guaranteed premium for a vacant one. Price comes from comparable sales and the specific facts of your property.
Lease status: fixed term or month to month, and how long the tenancy has run
Units and legal status: whether a second unit is permitted and documented
Condition and access: what buyers can see, and when
The possession path realistically open to a buyer
Who buys
Investors
They look at rent, expenses, lease terms and legal status. Many run numbers like those in my Investment Deal Analyzer.
Option 1: tenancy continues
Owner-occupiers who keep a tenant
Living in a lawfully available unit while the other tenancy continues.
Option 1: tenancy continues
Owner-occupiers who want the whole property
Where the purchaser’s-own-use rules apply and the timing works.
Option 2: buyer moves in
I’ll assess the likely buyer audience using the property’s tenancy, income, layout, condition, comparable sales and current market activity, including what my market reports show for your town.
Carrying costs while a notice period or hearing runs
Tax on the sale, including recapture of depreciation
Non-resident withholding
Use it for a first number. Your projected net proceeds sheet and your accountant fill the gaps.
Offers, conditions and possession
Every promise in the agreement has to be deliverable
“Vacant possession” is a promise.
Don’t agree to it unless your real estate lawyer is satisfied a lawful path to vacancy is in place or properly provided for in the agreement.
Assuming the tenancy
The agreement should say the buyer takes over the tenancy, with rent and deposits adjusted at closing as your lawyer sets out.
A buyer who wants to move in
The N12 notice follows a signed sale agreement. The Board can refuse if conditions make completion uncertain, and the person moving in must swear they intend to live there. Guideline 12
Dates have to fit
At least 60 days’ notice, ending on the last day of a rental period or term.
Not a guaranteed vacancy dateA notice’s termination date is not a guaranteed vacancy date: if the tenant stays, an application, an order and enforcement may be needed. Your real estate lawyer should address that uncertainty in the sale agreement.
Compensation is the seller’s to pay
Not the buyer’s: one month’s rent, or another unit the tenant accepts, by the termination date. Guideline 12
Bad faith can reach both parties
If the buyer doesn’t move in, the former tenant can apply against the seller and the buyer. Guideline 12
My role
To negotiate terms that fit these facts and make sure you aren’t asked to promise what you can’t control.
Your real estate lawyer
Drafts and approves the tenancy and possession clauses.
I inherited a tenanted property
Selling an inherited rental
The tenancy continues
An owner’s death isn’t one of the ways a tenancy ends. Rent, repairs and the lease carry on, handled by whoever has authority for the estate. LTB
Authority first
Your estate lawyer confirms who can act for the estate and when a sale can be signed. My estate page covers probate and the order of steps.
An estate can’t use the landlord’s-own-use notice
In 2026, Ontario’s Court of Appeal confirmed an estate isn’t one of the people that notice is for. Guideline 12
Tell the insurer
That the owner has died and that the property is rented.
Keep the records together
Lease, rent ledger, deposits and any notices. A buyer’s lawyer will ask for them.
I manage it from out of town
Selling from a distance
Local taskWho usually handles it
Tenant questions and repairs
You, or a property manager I can refer you to
You
Showing appointments and entry notices
I coordinate appointments through BrokerBay; written entry notices are delivered by a legally permitted method, with your authorization
Me
Valuing, marketing and selling
Me
Me
Signing documents
You, through your real estate lawyer; ask which can be signed remotely
You
Tax residency and any non-resident requirements
Your accountant and lawyer
Advisers
If you live outside Canada, ask your accountant to confirm your Canadian tax-residency status early. Living abroad doesn’t by itself decide it. If you’re a non-resident for tax purposes, the sale must be reported to the CRA, and without a certificate of compliance (often called a clearance certificate) the buyer can be required to withhold part of the price. CRA IC72-17
The selling process
Step by step, from first call to closing
1
A private conversation
The property, the tenancy as you know it, your goals and your timeline.
2
The right advice
A tenancy lawyer or paralegal confirms which rules and possession paths apply; your accountant estimates the tax.
3
Your Tenanted Sale Plan
Likely buyers, marketing access, estimated proceeds and open questions, in writing.
4
Talk to your tenant
A letter from you, then showings booked with proper notice.
5
Prepare and market
Media as agreed with your tenant and accurate unit descriptions.
6
Offers that match reality
Tenancy and possession terms your real estate lawyer approves.
7
Conditions and closing
Rent and deposit adjustments, and any notice steps, handled with your lawyers.
A printable checklist. General information, not legal or tax advice.
The tenancy
I have the current lease and any amendments
I know whether it’s a fixed term or month to month, and when it started
I know the current rent and when it last increased
I know what deposits I hold and what interest I’ve paid on them
I’ve listed any notices, Board applications, orders or payment agreements
The rules
A lawyer or paralegal has confirmed which tenancy rules apply
I know which possession options are realistically open
I understand that a sale doesn’t end the tenancy
The property
I’ve checked with my municipality whether any second unit is permitted and the permits are on file
I’ve listed known repairs and anything my tenant has reported
My insurer knows I’m selling a rented property
Money and tax
I have a projected net proceeds sheet
My accountant has estimated tax on the sale, including any depreciation recapture
If I live outside Canada, my accountant has confirmed my tax-residency status
My tenant
I’ve told my tenant about the sale in writing
We’ve discussed showings, and permission and privacy for any interior media
My tenant knows who to contact with questions
Matthew Gizzie, REALTOR®, Keller Williams Realty Centres, Brokerage · meetmatthew.ca/selling-tenanted-property · (289) 338-1433
Questions people ask
Common questions
Does selling my property end the lease?
No. The tenancy continues unless it ends in one of the ways the law allows. LTB
Can the buyer move in?
Sometimes. If the property has three or fewer residential units or is a condo unit, and an eligible person genuinely intends to live there, the seller can give notice after a sale agreement is signed. Eligible means the buyer or the buyer’s spouse, a child or parent of either of them, or someone who provides or will provide care services to one of those people. The tenant can dispute it at the Board. Your lawyer or paralegal confirms whether it fits. Guideline 12
Do I have to pay my tenant if the buyer moves in?
Yes. The seller pays one month’s rent, or offers another unit the tenant accepts, by the termination date. The 120-day exception introduced in September 2026 covers only a landlord’s own use, not buyers. Bill 60 · LTB update
Can I give notice now so the house is empty when I list?
Not for a buyer: that notice needs a signed sale agreement. And a landlord’s-own-use notice followed by a sale invites a bad-faith claim. Guideline 12
Can I offer my tenant money to move out?
You can ask. The tenant doesn’t have to agree, and you can’t require them to. Any agreement should be in writing and reviewed by a lawyer or paralegal. LTB
Can my tenant refuse showings?
Properly authorized entry with compliant written notice generally doesn’t need the tenant’s agreement to each appointment, and the tenant can be there. If access is disputed, get advice rather than attempting to force entry. Guideline 19
How will my tenant hear about showings?
I use BrokerBay to coordinate showing appointments. Required written entry notices are delivered using a legally permitted method, with any necessary written consent and at least 24 hours’ notice. Email counts only if your tenant has agreed in writing to receive documents that way. LTB: serving documents
Will you photograph my tenant’s unit?
Only after we’ve agreed on permission and privacy with the tenant. That’s my policy; your lawyer or paralegal can tell you what your lease allows.
My basement apartment has been rented for years. Is it legal?
Renting it doesn’t establish that. Check with your municipality before you list. Ontario
My tenant is behind on rent. Should I list now?
Talk to a lawyer or paralegal first. Arrears and any Board process affect what you can tell and promise a buyer.
Will you manage the tenancy while it’s for sale?
No. I’m not a property manager. You stay the landlord until closing, and I can refer you to a property manager if you need one.
Is the Tenanted Sale Plan free?
Yes. It’s yours to keep and share with your lawyer, accountant or family, whether or not you list with me.
Tell me a little about the property and how to reach you. I’ll reply personally.
Please don’t send leases, rent records, tenant names or contact details, or any dispute documents here. If we need anything like that later, I’ll tell you how to share it safely.
Only the contact detail for the method you choose is required.
Last reviewed October 16, 2026. Services on this page are provided by Matthew Gizzie, REALTOR®, Keller Williams Realty Centres, Brokerage, independently owned and operated. An opinion of market value is not an appraisal. Nothing on this page is legal, tax or financial advice. Matthew Gizzie is a licensed real estate agent, not a lawyer, paralegal, accountant or property manager. Get advice from your own professionals for your situation.
