April Stewart
LandLord Legal

· Did you know that if you lease a property to a tenant for a full year, they can pay late and misbehave on a regular basis and are still entitled to stay until the end of the lease?

Solution:

The first time you lease a property to a tenant, put them on a month-to-month lease. Call it a probationary period! If they want to stay for a full year or longer, make them earn that right! If they are on a month-to-month lease, you are able to evict them or sell the property out from under them much more quickly under the rules of the Tribunal. If they insist that they are good tenants, they will understand!

· A tenant can give a landlord or agent a personal cheque to secure a property and if that cheque bounces, you have to go through the entire eviction process to get them out, even if they haven’t paid a single dime!

Solution:

Never, under any circumstances, accept a personal cheque from a tenant for first or last month’s rent. Insist upon cash or certified funds. If they are even a dollar short, show them the exit!

· Did you know that tenants, regardless of the reason for their hearing, are represented for FREE by a lawyer at the Ontario Rental Housing Tribunal?

Solution:

If you know a landlord that has legal issues with a tenant, it’s time to call THE TERMINATOR. Don’t attend that hearing without her expert representation! She can fill out the required forms, serve them on even the most evasive tenants, and get the ball back in your court! Need to collect on a judgment or send a demand letter? You know whom to call….

· Tenants occupying property listed for sale have many rights that you may not be aware of. If they are on a fixed term lease, for example, the lease runs with the land. If your buyer wants vacant possession, what options are available? If the tenant says they will leave and then don’t, then what?

Solution:

It depends on the tenant. If the seller really wants them out or the buyer wants vacant possession, the best defence is offence! Speak to the tenant, sweet talk them if you must, and try to get them to sign the N11 Agreement to Terminate A Tenancy (attached). If they sign this form and don’t move out when agreed, they are toast! The Landlord can immediately apply to the Tribunal for an Order terminating the tenancy without a hearing!

· An agent or landlord gives a tenant notice that they will be showing the property to prospective buyers or tenants. What is the protocol?

Solution:

If the landlord or the tenant has given proper notice to one another to terminate the tenancy, you may show the property without written notice but are expected to make reasonable attempts to inform them. If there has been no notice to terminate the tenancy by either party, the landlord or agent must give the tenant twenty-four hours notice in writing. If you are busy, call THE TERMINATOR, and she will deliver 24 hours’ notice for twenty-four dollars! You have better things to do! If you have followed these rules and the tenants are refusing to cooperate, you may want to give me a call and I’d be glad to distract them while you show the house!

· Did you know that “professional” tenants have succeeded in stopping the Sheriff from removing them from the properties they are living in for FREE?

Solution:

The only way a tenant can stop the Sheriff is by going to Divisional Court and appealing the decision of the Tribunal. With ZERO evidence, they can get an Appeal, stay the impending eviction, and buy another month or more in the house! If they do this, you have to act quickly! Call THE TERMINATOR for a referral to one of the only lawyers who will take this type of matter on, and for a reasonable fee! He will attend the Appeal, quash the stay, and get the paperwork required to get the Sheriff back out to the property, and fast!

· Okay, you evicted a tenant, or the tenant moved out as scheduled. What is the real deal about their possessions and their rights to collect them?

Solution:

If you successfully evict a tenant and they move out either by their own devices or with the help of the Sheriff, the Landlord is obligated to give the tenant reasonable access to their belongings for a period of forty-eight hours immediately after they left. This does not mean that the tenant can enter the home to get those belongings. The landlord can insist that the tenant hires movers, for example. The landlord is now in charge of when and how the access takes place. If the tenant does not cooperate or make appropriate arrangements within that forty-eight hour window, it’s time for a yard sale! Caution: you MUST give the tenant an opportunity, within reason, to get their stuff, within the prescribed time period. If you don’t and they can prove it, you can be charged with theft!

If a tenant moves out under regular circumstances, i.e. at the end of their lease or on a date that all parties agreed to, there is no forty-eight hour rule. The landlord can immediately dispose of the tenant’s belongings in that case. There is no obligation to contact the tenant, pack or store their stuff!

· A tenant has damaged the property they occupy. What can be done?

Solution:

Be a proactive landlord. In your lease, set out the right of entry with twenty-four written notice for routine maintenance or inspection. Then, give them the notice a couple of months after they move in and have a look around! Avoid putting your tenant in a defensive position. Tell them you have to check the smoke detectors for insurance purposes, for example. Good tenants will be upset by regular visits from their landlord, but you need to have a look, early in the tenancy, to see what they are all about! If the place is a wreck, you can immediately commence proceedings to compel them to repair the damages or pay your contractors to do so. If they don’t cooperate, you can evict them before things get worse! If you wait until a tenant moves out to have your first look at how they kept the place, you are pretty much S.O.L.!!!

· Are you or a client thinking about getting into residential income properties for the first time, or adding to an existing portfolio? What’s the market like in Barrie, and how can you get the most out of your investment?

Solution:

Thanks to low interest rates, many tenants have finally made the transition to home ownership. Consequently, landlords in Barrie and area are left with a smaller and less qualified pool of tenants to work with. Don’t be backed into a corner under any circumstances! If you aren’t prepared to carry the property for a minimum of three months, you likely shouldn’t make the purchase, because it will very likely take you that long to find the right tenant. If you want your place to be in demand, make sure it is in a great area, close to amenities and boasting features that other rentals don’t have. Finally, let it go for less than market rent. If you want to encourage the tenants to come to you, find the rent affordable, and stay long-term, it’s the only way to go.

The flipside to this scenario is that investors can get more bang for their buck! Multiple properties and/or better places now carry for a reasonable monthly cost. If you invest wisely, offer cheap rent and remain patient, the rewards will be plentiful when those rates go back up and the market is once again flooded with displaced owners who need to rent!

· How can I properly screen for the right tenant?

Solution:

There is no simple answer to this question. Why don’t you invite me in for a crash course in tenant screening? The fact of the matter is the bad tenants tend to repeat their behaviour time and time again. I can teach you how to protect yourself and your investors from the grief those folks will bring your way. No one has a crystal ball, of course, but I possess a bag of tricks that I will be glad to share with you! Isn’t it about time landlords took the upper hand? Let me show you how!

THE TERMINATOR WISHES YOU SUCCESS IN ALL OF YOUR ENDEAVOURS! FOR HELP OR ADVICE, CALL 705 -795-9385.