Non payment of rent is one reason Landlords may serve a notice to end a tenancy, there are other options available to Landlords.
A tenancy agreement has many different terms within it, payment of the rent is only one of the terms. Landlords complain about tenants not paying rent and try to evict them, only to find out when they visit the property there are multiple reasons the Landlord could have applied to end the tenancy.
Section 47 “Landlord’s notice:cause” of the Residential Tenancy Act provides alternatives to non payment of rent for which Landlord’s can provide notice to end a tenancy. Here we will discuss a few of the other options available to Landlords which are often overlooked.
Landlords often wait for tenants to miss a rent payment before trying to evict the tenant. A tenancy agreement is a contract between two parties. Tenancy agreements in BC must identify when the rent is due, and how frequent the payment is to be made. Failure to meet this term may be cause for a Landlords notice to end the tenancy. When a tenancy indicates rent is due on the first of each month, and a tenant consistently pays rent after the agreed upon date, a Landlord may serve notice to end the tenancy. When tenants fail to pay rent on time Landlords should always send a ten day notice to the tenants. A ten day notice provides a specified time frame for tenants to pay rent inorder to eliminate the notice. If a tenant pays consistently late these notices could be supplied as evidence of regular late payments. Section 47 allows for Landlords to send a notice to end tenancy for repeatedly paying rent late.
Tenancy agreements are required to have specific terms including who is residing at the property. Section 47 has a provision for Landlords to provide notice to end a tenancy for an unreasonable number of tenants at the property. When a tenancy agreement is signed for two people to reside at the location and the tenant sublets or allows other people to reside at the property they would be in violation of the tenancy agreement. This would allow a Landlord the option of serving notice to end the tenancy.
Another option for Landlords is when a tenant or person allowed on the property by the tenants has caused significant damage to the rental unit or residential property. Often Landlords are surprised to find the rental unit has been damaged after the tenants have moved out of the property.
The last two examples require Landlords to visit their property and inspect the unit ensuring these terms of the tenancy agreement are not being violated. Many Landlords believe a tenant is good when rent is paid on time. Payment of rent is only one term of an agreement, Landlords should ensure tenants are in compliance with all terms of the agreement throughout the term of the tenancy, which will help landlords have a more positive experience.
Renting your property can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com
Do your due diligence when selecting a tenant.
I was recently asked “when a person applies to rent how do I know the person they have provided as a reference as the employer is really their supervisor?”
This is the dilemma when reviewing tenant applications. Owners and property managers need to read between the lines and research the information on the application to provide you with confidence that the applicants are good tenants. One should never take for granted the information provided is accurate, it is the Landlord or property managers role to investigate the accuracy of the information.
The first step is to have a quality application form which asks for enough information about the applicants providing you the opportunity to research the tenants. I have seen applications that ask for a phone number of the employer without asking for the company name, address and supervisors position. By asking for the additional information one can research the company first to see that the applicant is providing a legitimate company, and supervisor. Many companies identify employees on their websites. An owner or property manager can research the company before calling to speak with the employer. Many applicants provide a direct number or cell number to their supervisor which may or may not be their employer. I always research the company and call the main phone number to confirm the supervisor identified on the application is an employee, and the supervisor of the applicant. Performing this small action first sometimes leads to identifying inaccurate information.
The same can be performed when it comes to a previous address of where the applicants lived. It is imperative to use online resources to confirm the address is a residential address where a person would have resided. Recently I reviewed an application where the applicants provided an address which appeared to be a rental apartment building. When I called the Landlord on the application they indicated he would need to call me back on his lunch our. I found this to be odd, if it was a rental building he would be the onsite manager or property manager, why does he need to wait for lunch break to call me back. The landlord indicated he worked not at the building or for a property management company and that the building was a strata building. Research through Landtitles office confirmed it was not a strata building meaning the applicants were providing false information. Performing these tasks is important to ensure you are selecting quality tenants.
These are small details and don’t take significant time, but when not performed can result in significant issues for Landlords and property managers. Selecting tenants who have provided false information can result in a very negative tenancy. After the tenant has occupied your property it may take significant time to have them removed for unpaid rent or other issues. Take the time to do your due diligence especially in times like today where it is a tenant favourable market.
Renting your property can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com
Is the Landlord required to change the locks before a new tenant moves in?
When completing the condition inspection report at the move-in there is a section of the report for identifying how many keys were provided to the new tenants. At the end of the tenancy the tenant is required to return the same number of keys when moving out. What you as a Landlord are unaware of is did they make any more keys while they lived there and if so how many and who has a key to the property. Most tenants will return additional keys they have made during the tenancy since they no longer require them.
Protecting your property and future tenants is important so when a new tenant occupies your rental unit changing the locks should be a regular routine. Section 25 of the residential tenancy act states the Landlord must re key or alter the access given to previous tenants. What this means is if a tenant requests the locks be re keyed or changed you are obligated to meet this request. I have found it best to perform this task while completing the move in inspection. If the locksmith is at the property changing locks while completing the move in inspection the tenant will be fully aware the keys are new and nobody else has any access to the unit. Most locks can be re keyed by a locksmith without removing the door knobs. There is a cost associated with re keying locks but failing to perform this could result in increased costs if the tenant changes the locks on their own or if a previous tenant tries to access the rental unit.
Other options are available today with non key locks allowing Landlords to change access to the unit without the need of a locksmith or changing the lock. Landlords could install a keypad lock and change the code each time a new tenant moves into the property. These locks are initially more expensive but may be more cost effective over the long run if your unit is a permanent rental. The downside to these locks is the tenant could change the code after they move in leaving the Landlord without access to the unit. If your rental unit is within a strata you may need permission from council to change the door lock as many strata’s have bylaws requiring the locks all look similar in style and colour.
Protect your property and your tenants rights by changing the locks when a tenant moves into your property.
Renting your strata lot can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com
Rekeying locks for new tenants
25 (1) At the request of a tenant at the start of a new tenancy, the landlord must
(a) rekey or otherwise alter the locks so that keys or other means of access given to the previous tenant do not give access to the rental unit, and
(b) pay all costs associated with the changes under paragraph (a).
(2) If the landlord already complied with subsection (1) (a) and (b) at the end of the previous tenancy, the landlord need not do so again.
Why do I need to repair my ceiling when the unit above me leaks?
Water damage in a strata lot is a very confusing process for owners to understand.
Section 68 of the Strata Property Act describes the boundaries of a strata lot. Strata Corporations are responsible for repairing “common and limited common property”. Inside a strata lot isn’t common property and therefore is an owner's responsibility to repair and maintain. Strata Corporations must ensure common property and the original fixtures of the strata lot, ensuring and repairing are different.
As a Landlord what does this mean when water leaks from outside your strata lot causing damage inside your unit. Where the water originated from is irrelevant owners are responsible to repair damage to their own strata lot. Having insurance for your strata lot is imperative in these situations.
When a leak or stain appears on your ceiling you should do two things, first call your insurance provider to advise them of potential damage to your unit. If water isn’t pouring through the ceiling it is most likely a leak or spill from another unit or area in the building.
The ceiling belongs to you, so the second thing an owner should do is arrange for a contractor, possibly a plumber to investigate what is causing the damage. This cost will be an owner expense since you are the owner of the damaged ceiling.
After the plumber has identified where the water originated from, then you can determine who is required to repair your ceiling. Strata Corporations are responsible for common property repairs only. Section 68 describes the strata lot boundary as being midway between the two walls. What this means is you and the owner above you own half of the space between the walls. The common property between the two units for Strata Corporations to repair are structural beams, pipes, cables, wires, etc as described in the Strata Property Act. If the water originated from the unit above and not from a common property pipe the Strata Corporation is not responsible for the repair.
When a leak originates from a common property pipe in the wall or ceiling a Strata Corporations responsibility stops at repairing the leaking pipe, they aren’t responsible for repairing your damaged ceilings or walls. If the unit above is the cause of the leak, you and your insurance provider should communicate with the other strata lot owner and their insurance provider to resolve the issue.
Having proper insurance for your rental property is imperative for these situations. When you rent your strata lot there should be three insurance policies on the property. One is the Strata Corporations insurance which covers common property, the home owners insurance which would cover the strata lot and situations as described above, finally the tenant should have insurance to protect themselves while renting. Each insurance will provide different coverage for the policyholder.
Renting your strata lot can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com
Strata lot boundaries
68 (1)Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.
(2)If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.
(3)A boundary shown on the strata plan must be shown in a manner approved by the registrar.
(4)Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan
(a)by reference to survey markers, and
(b)in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purposes of this section.
It’s hard to find good tenants
Owners often comment on how hard it is to find good tenants. Why is this? I have rented many properties to wonderful people who are great tenants. The tenant selection process is possibly the most important part of being a Landlord. Landlords who rush through this process and don’t look closely at the details, often find them self with tenants down the road who aren’t a positive experience. Another very important aspect of being a Landlord is when tenants vacate your property.
Even with all your due diligence people slip through the cracks.The question is, what can Landlords do to help prevent these situations? Often I hear Landlords explain stories of tenants who have vacated their property leaving items behind, or damaged the unit. At this time I ask what actions they have taken and the landlord is confused.
When a tenant vacates your property it’s important to perform the move out process correctly to assist in preventing future issues. During the move out process tenants are required to provide a forwarding address inorder to receive their damage deposit back. When tenants fail to provide a forwarding address, Landlords must hold onto the damage deposit for one year. If the tenant hasn’t provided their address within this time frame, then a Landlord may keep the damage deposit.
When tenants vacate with or without providing a forwarding address the Landlord’s should follow the process to recoup the cost incurred by tenants leaving items behind or causing damage to the property. A move out inspection should be performed, even when tenants fail to attend. This is important to show the Residential Tenancy branch you followed procedure and what the condition of the property was when they vacated.
After your tenants have vacated Landlords have an obligation to other Landlords to take appropriate actions in claiming damages. Why? If a Landlord files a claim for damages with the Residential Tenancy Branch and is granted a monetary order, a Landlord can then proceed to have the claim applied to the tenants credit history, and send them to collections to recoup the costs. Landlords often say this is time consuming and I don’t want to make that effort. Here lies the issue. If a Landlord doesn’t follow proper process tenants will continue to rent properties leaving them in poor condition. If Landlord’s took the time to pursue negative renters, tenants would find themselves unable to rent properties as previous actions would be reflected on credit searches, providing future Landlord’s which could be you, the ability to make more informed decisions. If you had information that identified a tenant with a debt owing to a previous Landlord, you would have made a different decision about renting to the applicant.
Landlords can help each other by following through on tracking down bad tenants. The Limitation Act in BC allows two years to start a legal proceeding to claim a debt. This allows the owner two years to file a claim with the RTB and then CRT small claims court to enforce a monetary order and seek compensation for the damages.
The move out process is complicated, If you need assistance managing your rental property Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com