I am often asked by sellers of their principal residences and investment properties if they can evict their tenants and provide vacant possession of the property to the buyer. Section 49 of the Residential Tenancies Act permits a landlord/seller, in certain circumstances, who has entered into an Agreement of Purchase and Sale to, on behalf of his purchaser, terminate the tenancy provided that the purchaser in good faith requires possession of the property for residential occupation by himself, his spouse, a child or parent of the purchaser or the purchaser’s spouse or a caregiver. The date of termination specified in the Notice of Termination must be at least 60 days after the notice is given and, generally speaking, on the last day of the rental period in which the 60th day falls. By way of example, if you were to enter into an Agreement of Purchase and Sale on the second day of August, the effective date of termination specified in your notice to the tenant must be at least 60 days after the notice is given (which takes you into the beginning of October), but the effective date must be the last day of the month (the rental period) in which the 60th day falls. In other words, if you were given a notice on August 2, the earliest possible date of termination would be October 31. If your notice does not comply with the foregoing, then it is voided and you would be required to serve a fresh notice complying with the Residential Tenancies Act.