Buying Duplex With Tenants: Removing existing tenants

[Craig Rout Gallant]

I'm about to put an offer in on a duplex contingent on the current lessor/owner going through the proper channels for removal of tenants before closing date. I will be living in one half but the tenant who lives in the other half is paying below market rate (imo) for the unit. My concern is if I've overlooked anything in terms of tenant law to make sure I can legally remove both tenants. This is an excerpt from the local Rental of Residential Property Act:

"...

Notice of termination where purchaser seeks vacant possession

(1. 1) Where

(a) the lessor is the owner of residential premises comprising not more than two rental units;

(b) the lessor enters into an agreement of sale of the residential premises to a purchaser; and

(c) the purchaser has sworn an affidavit that he wishes to have possession of the premises for occupation by himself, his spouse, children or parents or the parents of his spouse,

the lessor may serve the lessee with a notice of termination to be effective not less than two months after it is served and the notice shall be accompanied by a copy of the affidavit referred to in clause (c).

..."

One of the tenants is currently on month to month, while the other is on a 1 year lease which ends August 1, 2017. Based on the aforementioned rules, would I be able to put as a contingency in the offer that the current owner/lessor provide notice of termination effective Oct 1st, 2017 or would it be Nov 1, 2017? Am I missing something here?