Stage three of the tenancy, the ending of a tenancy.
A tenancy can end in many ways, the most common is when the tenant provides notice to vacate the property. After a tenant provides notice there are steps the Landlord must take to complete the tenancy. Here we are going to talk about the move out inspection process.
Tenants are required to provide notice with specific details which include the following, Tenants name, Date, Address of the property, date they are leaving and their signature. This suggests the notice must be in writing, which in today's world can be by email, text or other electronic communication as well as pen and paper. The first thing a Landlord must do is acknowledge the tenants notice to vacate.
Many tenants today provide notice electronically through email, text msg or other technology. As a landlord it is important to reply to this message and respond identifying you have received the notice on the specified date acknowledging when it was received. This could be important if the notice is sent after a time frame when the notice should be provided. In BC your tenants are required to provide a full calendar month notice to vacate the property. If the notice is received after this specific time, you as the landlord may be entitled to unpaid rent for the next month as notice was not provided in the appropriate time frame.
After acknowledging to the tenants the notice is received the landlord is required to schedule a move out inspection to complete the move out report with the tenants. A Landlord must make at least two attempts to schedule the move out inspection. The Residential Tenancy Act in BC states tenants are required to vacate the property by 1pm on the last day of the tenancy. If the end of the month is June 30th then they must vacate by 1pm on June 30.
Send the tenants a letter, email or our preferred method a calendar invite to a meeting to complete the move out inspection scheduled for June 30 at 1pm. By sending the calendar invite the tenants can reply by accepting the invite, which means they have agreed to the time of the meeting, and you receive an electronic confirmation of their acceptance.
If they don’t accept the invite then you must make a second attempt to schedule a meeting for the move out. Often the original time which is set may be changed with both parties agreeing. Using the electronic communications provides a reply that can be used as confirmed communication for the move out inspection. Failing to meet or making two attempts may lead to concerns with the Residential Tenancy Branch if the situation ends up in a hearing. It would be viewed by the Residential Tenancy Branch as the landlord failing to meet their obligations.
What happens if the tenant doesn’t respond to the meeting requests or doesn't show up to the move out. The landlord should complete the report on that date they had arranged without the tenant present. On the move out form there are two important sections, one identifies the costs that a Landlord thinks the tenant should be responsible for, including damage and cleaning costs, replacement of lost key or fobs, and the tenant and landlord must agree or disagree this amount should be kept from the damage deposit. When there is a disagreement the Landlord must file with RTB within fifteen days to retain any portion of the damage deposit funds.
The other important section is where the tenant provides their forwarding address, which is required for them to provide if they want to receive the damage deposit. Tenants may provide the forwarding address in a different format, or after they left the property, and the landlord should enter it on the move out form when it is received.
When there is a dispute regarding the amount of deposit to be returned then the Landlord must file a claim with RTB to keep a portion or all of the deposit funds. The deposit must be returned or a claim filed within 15 days of the end of the tenancy when you have the tenant’s forwarding address. When a tenant emails their forwarding address on the tenth day after they left the property a Landlord has five days left to return it or file a claim. It would be beneficial to have the move out form completed to submit as evidence for your claim and not have to rush around to find the details in that short period of time. Failing to return the deposit within fifteen days could result in the tenant having the right to request double the deposit be returned.
When Cartref Properties receives a notice to vacate we acknowledge the notice, send a letter with our cleaning checklist which forms part of the tenancy agreement, expectations of how the property should be cleaned, and then send an invite to a meeting for the move out inspection. Missing these steps can result in difficulties with a hearing with the Residential Tenancy Branch.
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Cartref Properties specializes in managing rental units located within Strata Corporations.
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