Who to call, what to do, and when to act

Dear Legal Lisa,

“You were referred to by a friend in my church. He said you may be able to help me with a situation I’m having with my property. I’m afraid that one of my tenants has become comfortable in my one-bedroom basement apartment and will not leave. I wish to sell this place and move into a smaller retirement apartment and live alone. He recently brought his pregnant girlfriend in to live with him. He still pays $750 cash per month, and I have not increased it since he moved in the summer of 2019. I was told you are a Paralegal. Should I be approaching you, a lawyer or a realtor for help?” Mr. C. James

Mr. James raised a common concern among small landlords in Ontario: Should I seek help from a paralegal, a lawyer, or a realtor?

The answer depends on the stage you are at and the problem you are trying to solve.

Issue:

Mr. James has rented his basement unit since 2019 for $750 per month, paid in cash. His tenant has now moved in a partner, and Mr. James wishes to sell and downsize into a retirement apartment.

Under Ontario law, a tenant does not lose their rights simply because the landlord wants to sell, or a partner (guest) moves in.

Most landlord-tenant disputes are handled through the Landlord and Tenant Board, and proper procedures must be followed before a tenant can be required to leave.

Paralegal, Lawyer, or Realtor: Who Does What?

Paralegal: A practical first step

For many landlords, a licensed paralegal is the most affordable and efficient starting point. A paralegal is fully qualified to help with most routine evictions and notice matters. A paralegal can:

• Explain your rights and obligations
• Prepare and serve legal notices
• File applications
• Represent you at Board hearings
• Ensure your paperwork is correct

Lawyer: For complex matters

Lawyers are regulated by the Law Society of Ontario and generally charge higher fees, but their expertise is vital in complicated cases. A lawyer is usually needed when:

• Large financial claims are involved
• There are serious disputes
• Court proceedings arise
• Allegations of misconduct are made
• Multiple legal issues overlap

Realtor: For selling, not evicting

A realtor’s role is to market and sell property, not to resolve legal disputes with tenants. Realtors are regulated through organizations such as the Ontario Real Estate Association. They can help with pricing, listing, and negotiations. However, they cannot issue eviction notices, attend tribunal hearings, or provide legal advice. That work must be completed first.

Ending the basement apartment

If you intend to permanently remove the basement apartment and return the home to a single-family dwelling, you may be entitled to serve a formal notice. This must be based on genuine intent and use approved legal forms. Improper or dishonest notices can be challenged and dismissed.

Selling the property

Many landlords are surprised to learn that you cannot evict a tenant simply because you want to sell. If a home is sold “with a tenant,” the new owner usually inherits that tenancy. This makes legal preparation essential. Eviction may only occur if:

• A buyer intends to move into the property,
• Proper notice is served, and
• Legal procedures are followed.

Before hiring a Realtor

Stage 1: Seek legal advice to prevent costly mistakes. Before listing your home, consult a paralegal or lawyer to:

• Review your tenancy arrangement
• Confirm whether the unit is legal
• Identify proper notices
• Develop a realistic timeline

Stage 2: Serve proper notices as verbal requests or informal letters are not enough. Your legal representative can help you:

• Complete the correct forms
• Set lawful timelines
• Document your intentions
• Avoid illegal eviction claims
  

Stage 3: Apply to the Landlord and Tenant Board (if needed). If the tenant refuses to leave, a formal application may be required. This creates an enforceable decision and protects both parties’ rights. Skipping this step can delay a sale for months.

Stage 4: Well-organized records increase buyer confidence. Before selling, gather:

• Proof of ownership
• Tax and utility records
• Rental history
• Payment documentation
• Renovation permits (if any)

Stage 5: Once legal matters are resolved, hire a realtor who can list and market the property without uncertainty, helping you achieve a smoother sale. While accepting cash is legal, landlords should keep proper records and issue receipts. Clear documentation helps prevent disputes and strengthens your legal position.

Mr. James’s situation is manageable when handled properly. The safest path forward is:

• Start with a paralegal
• Understand your legal options
• Serve correct notices
• Follow tribunal procedures
• Then engage a realtor

Selling a home with tenants is first a legal process and only later a real estate transaction. By following the right steps in the right order, seniors like Mr. James in the Caribbean community can protect their investments, secure their retirement plans, and move forward with confidence and peace of mind.