Introduction – A Smart Investment or a Risky Buy?
Buying a property with tenants already in place can be a shortcut to immediate rental income—but it comes with responsibilities. In Ottawa, where the residential tenancy landscape is governed by strict rules, understanding your rights and obligations as a landlord is crucial before taking the plunge.
Why Buyers Consider Tenant-Occupied Homes
Instant rental income: You start collecting rent the day you close.
Lower vacancy risk: No need to market the unit or screen tenants.
Established rental history: Helpful for investment analysis or mortgage approval.
Favorable terms: Sometimes tenant-occupied homes sell below market if buyers are wary of complexity.
Pros of Buying a Home with Tenants
Cash Flow from Day One
A lease in place means consistent monthly income—great for first-time investors or those expanding a portfolio.No Leasing Hassle
You skip tenant screening, advertising, and vacancy downtime.Established Market Rent
Knowing what the current tenant pays gives clarity on market position and revenue.Mortgage Advantages
Lenders may count the rental income toward your financing qualifications.
Cons of Buying with Tenants in Place
Limited Flexibility
You can’t occupy the unit or raise the rent right away. The lease and its terms carry over.Difficult-to-Evict Situations
Ontario’s Residential Tenancies Act makes it hard to evict without cause, especially if tenants are paying and following the lease.Unknown Tenant Behavior
You inherit the existing relationship, for better or worse. Past issues may not have been disclosed.Condition Risks
With a tenant inside, pre-purchase access can be restricted, and you might not fully inspect the property.
Legal Considerations for Ottawa Buyers
Lease Transfers Automatically
When you buy a tenant-occupied property, you step into the shoes of the original landlord. The lease remains in force.Rent Increases Are Regulated
You can’t raise the rent above the government cap without proper notice and reason—even if the rate is under market.N12 Notices & Personal Use
If you want to move in, you’ll need to serve a formal N12 notice and provide 60 days’ notice. You may also have to compensate the tenant one month's rent.Unit Sale Doesn’t Void Tenancy
A property sale does not nullify a lease or give automatic grounds for eviction.Proper Notice for Entry
Even as the new owner, you must provide at least 24 hours’ written notice before entering the unit for non-emergency reasons.
What to Review Before Making an Offer
Current Lease Agreement – Review all terms, rent amount, renewal details, and tenant obligations.
Tenant Payment History – Ask for records of timely rent payments, NSF charges, or disputes.
Deposit Records – Confirm last month’s rent deposit is held and will transfer at closing.
Communication Records – Ask the seller if there have been maintenance issues, complaints, or eviction attempts.
Property Condition – Schedule inspections with tenant cooperation; note that a tenant’s condition is not always the same as vacant staging.
Tips for a Smooth Transition
Introduce yourself to the tenant as the new landlord promptly.
Provide written notice of the ownership change and who to pay rent to.
Honor all current lease terms—even if they seem tenant-favored.
Keep documentation of all communication and notices in writing.
Frequently Asked Questions
Q: Can I move into a home that has a tenant?
Yes, but only after providing proper notice (usually 60 days) and if you or an immediate family member plan to occupy the unit.
Q: Can I increase the rent after buying?
Only in accordance with the provincial rent increase guidelines and timelines.
Q: What if I want to renovate?
You can't evict for renovations unless they require the tenant to vacate. Even then, the tenant has the right of first refusal after completion.
Q: Are tenant rights different in Ottawa?
No—residential tenancy rules are governed provincially, so the same laws apply across Ontario, including Ottawa.
Q: Should I include a condition in the offer?
Yes—consider clauses to verify lease terms, request payment history, or require vacant possession if applicable.
Q: What if the tenant refuses to leave?
You’ll need to follow the formal eviction process through the Landlord and Tenant Board, which can be time-consuming.
Conclusion – Is It the Right Move for You?
Buying a home with tenants in Ottawa can be a smart investment—as long as you're prepared. Know your legal rights, do thorough due diligence, and treat the transaction as a business decision. With proper planning and good communication, tenant-occupied properties can generate strong returns and become long-term assets.