Subletting and assigning in BC
Are my tenants allowed to sublett or assign their rental unit?. The answer is not a simple yes or no. Yes they have the right to sublett or assign, though they must obtain the landlords permission first.
What is subletting and what is assigning? There is a difference. Subletting is when a tenant allows another party ( a sub tenant ) to have exclusive use of the rental unit and pay the rent for part of the term of the tenancy.
For a sublet a new tenancy agreement is reated between the tenant and the subtenant
tenant. The original tenant becomes the landlord to the sub tenant and they have enforceable rights and responsibilities. A sub tenant can only have the same rights as the original tenant, a new agreement may not contradict the original tenancy agreement. The original landlord and the sub tenant don’t have a contractual agreement. The original landlords continue to deal with the original tenant. It is expected the sub tenant is not a permanent situatiaon and the original tenant would return to the tenancy. An assignment is when a tenant finds a party to take over the tenancy so they can get out of an agreement, usually a fixed term tenancy.
The standard RTB agreement states that a tenant must obtain written permission from the landlord to sublett or assign a tenancy agreement. Generally these two terms are used for leaving the property during a fixed term tenancy agreement. If the term is longer then 6 months the landlords must not unreasonably refuse to sublett or assign the tenancy. Even though the standard agreement has asection on the sublett and assignment it is prudent to add in your addendum more clarity on the sublett and assignment process.
It is not a requirement for the landlord to grant permission for the sublett or assignment, though if they unreasonably refuse then a tenant may have a claim against the landlords with the RTB.
Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
Fixed Term or no Fixed Term?
What are the benefits to having a fixed term lease for your tenants.
I hear many landlords indicate there are no benefits to having a fixed term lease for your rental property. The benefits may lean more favourably to the tenants in certain areas, though there are benefits for landlords as well.
The main benefit to the tenant during a fixed term lease is the tenants have the right to stay until the term expires. This provides them with some stability where they live until the end of the term. Their rent is unable to be increased until the term expires.
In BC there are provisions on ending a fixed term lease. When a tenancy is started by a fixed term lease the landlord and the tenant must agree to one of two ways the lease is formed. The first being at the end of the fixed term the tenant moves out. In BC the only reason this clause can be used is if the owners or close family members are moving into the property when the lease expires. This clause eliminates institutional owners from having a clause where a tenant must vacate at the end of the term. If the owner or family is not moving into the property then the tenancy automatically becomes a month to month tenancy at the end of the fixed term.
After the original fixed term expires, the landlord and tenant are able to agree to a new fixed term lease, it doesnt have to become a month to month tenancy.
Some of the benefits to the landlord for having a fixed term are, tenants are providing a commitment to stay at the property for a specified time frame. If the tenant elects to leave the term early they may be held responsible for unpaid rent during time the unit was not rented. This can be a portion of the month it doesn’t need to be the full month. In this situation the landlord has an obligation to mitigate their loss, which means they must diligently try to find a replacement tenant.
During a fixed term tenancy it is less likely the tenant will provide one month notice to vacate due to the potential of being required to pay for time the unit is not rented. It is more likely they will stay to the end of the tenancy. This reduces turnover rates, which can be favourable and unfavoruable to landlords. Searching for new tenants is a time consuming process.
In all tenancy agreements landlords should have a liquidated damages clause. A liquidated damages clause outlines the cost associated with terminating a fixed term tenancy. This can include the cost, management companies placement fees, of the landlord finding a new tenant, if it is a reasonable cost.
Some financial institutions are asking for a fixed term tenancy when doing refinancing of the property. This gives them some assurance the unit may have funds coming in for a specified period of time.
The fixed term agreement also provides recourse for landlords seeking compensation after the tenant has vacated early. When a tenant terminates early and the landlord proceeds to a tenancy hearing, leaving a fixed term is viewed as a breach of contract by the tenant and they will be held responsible for required costs.
In general a fixed term can provide stability to both the landlord and the tenant for the time of the fixed term. It is important for landlords to review what their short and long term expectations are for their rental property before entering into a fixed term.
Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
Licensed Property Management
Recently I was engaged online with a party discussing the requirements of being licensed in BC. The discussion started with a post online about someone’s strata corporation having a bylaw that stated "Unless with written approval from the Strata Council, rental unit must be managed by Licensed Professional Rental Property Manager."
The person was asking “does this mean I must hire a property manager”
With regards to these bylaws we were recently advised through training offered by the governing authorities in BC that it would not be enforceable, as an individual is entitled by law to manage their own rental property.
I proceeded to explain that once you compensate another party to manage your rental, that party must be licensed to manage the rental property. A response suggested that “someone can manage properties for a single owner and not be licensed. Other exemptions are developers”
There are exemptions for parties to manage rental properties in BC. For developers they are exempt becaue the developer’s employee is the party managing the property. This can be for any rental, if an entity owns the property, any of its employees may manage that property without being licensed. There are other exemptions as well including, but not limited to persons acting under authority of the court, a trustee in bankruptcy, an executor of an estate are few other exemptions.
If the owner of a rental property hires another person or company to manage their property and they compensate them, and the individual or company is not part of the exemptions then the party must be licensed in order to provide rental management services. Why is it important for parties to be licensed to manage rental properties for other people and or companies. Licensing provides a source of education of the rental laws and should improve the experience for owners and tenants when renting a rental property. Licensed property managers are expected to maintain a higher standard of professionalism when providing rental management services to their clients and tenants. Licensing provides tenants and owners a recourse of filing complaints and or recoveirng costs through systems like the Real Estate Compensation Fund to provide protection for clients in the event they have lost money due to the actions of licensed professionals.
Many concerns with landlords having negative experiences with tenants often occurs from a landlord who is lacking education of the rental laws in BC. In any endevour if you are unaware of your requirements it will lead to an unexpected outcome. Being a landlord in BC is a complicated and time consuming process. Operating a rental property is comparable to operating a business, and should be viewed in that manner. Many landlords fail to take the business approach to managing a rental property. Meaning you should follow the laws required for managing your rental property. Failing to follow the laws provides opportunities for unethical tenants to take advantage of uneducated landlords.
If you need assistance managing your rental property in the lowermainland of BC Cartref Properties can help you have a positive experience.
Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
A tenancy should be a positive experience for both the landlord and the tenant.
How can you achieve a positive tenancy for both the Landlord and the Tenant.
Both parties should be trying to create a win-win situation. When either party is trying to create a win-lose situation, it often ends in a negative tenancy.
A positive tenancy starts and ends with effective communication between both parties.
Communication starts with the advertising of the property. Don’t mislead prospective tenants with photos that missrepresent the condition of the property. If the photos are not realistic, when the parties arrive to view the property they will see it isn’t what they expected and question other information provided by the landlord. If there are repairs required, fix them. It is unfair to expect a tenant to live in a property that has items that are not functioning properly. Tenancy laws in BC require landlords properties meet health safety and housing standards.
When prospects are viewing the property, clearly explaining the time for the viewing and asking them to confirm the appointment, is a way to begin positive communication. Potential applicants who miss-communicate during this process may be a sign of a potential negative tenancy.
When prospects are applying for the rental, inform them of the process and how it works, how long it will take to complete the process. Clearly explain what information is required when applying for the property. Explain the process of moving in and obtaining the keys for the property. Explain the requirement to perform the move in-inspection report and when it is used at the end of the tenancy, when deposits and rent will be required to be paid. How you will collect rent during the tenancy.
During the viewing explain to applicants when and how frequently you will be inspecting the property during the tenancy. Explain the process for tenants to report issues and concerns to the landlord. We find the more communication we provide to applicants the more information they provide us, a win-win.
During the tenancy communicate effectively and within the requirements of the tenancy laws when access is needed to the property. Access may be required for inspections, repairs or other reasons. Respond in a timely manner to tenants’ concerns over potential repairs. Be proactive on performing repairs instead of waiting until they are necessary. Preventive maintenance is more cost effective.
At the end of the tenancy provide clear instructions on the expectations and requirements when the tenant is vacating the property. Many tenants miss understand the move out process and want to perform the move out inspection before all their belongings have been removed from the property. When they understand the process the experience is a positive one.
Effective communication eliminates many issues between tenants and landlords, resulting in a positive experience for both parties.
Need assistance to have a positive experience renting your property, Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com
Rental Management only
Cartref Properties provides rental management services only. In BC a real Estate brokerage is able to provide three different types of services, Rental Management, Strata Management and Real Estate Sales. In order to provide these services the brokerage must be licensed to provide whichever service they are offering. We only offer rental management service even though we are licensed for strata management services, why? There is a natural conflict of interest between the three categories, especially with rental and Strata Manager. If a company manages the entire strata and then manages a rental in that same building, they are required to identify one of the clients as the primary client. This means if there is a conflict of interest between the two parties they are only able to represent one party. This would happen when a bylaw infraction occurs. In all cases a management company will select the strata client as the primary and the rental client as the secondary. The real Estate council in BC highly recommends companies who manage a strata corporation don’t manage rental units in the same building. We also have no interest in providing sales service for the same issue. We don’t want to be the real estate agent who is looking for a listing in a hot market and asking you to sell when you’re not interested in selling. Cartref Properties wants to be able to provide property management services to our clients throughout the entire time we are engaged as your property manager, which is why we only provide rental property management services.
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