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Michael Drouillard. Landlording in Canada
Landlording in Canada Kit
Contents
INTRODUCTION
PART 1. BEFORE PLACING THE “FOR RENT” AD
Chapter 1. PREPARING FOR A NEW TENANCY
Is Your Rental Ready for Viewing?
What are Some Common Basics Tenants Expect out of a Rental? Trash free
Clean
Everything working
All major structural components in working order
All safety issues addressed
Renovations That Pay for Themselves
Painting
Floor coverings
Kitchen/bathroom
In-suite laundry
But don’t go overboard
On hiring tradespeople
Chapter 2. SECONDARY SUITES: PREVENTING PROBLEMS BEFORE THEY START
Excessive Sound Transfer
Sharing Laundry
Ambiguous Boundaries Between Exclusive-Use and Common Areas
Property Maintenance and Secondary Suites
Payment of Utilities
The tenant might dispute the percentage of the bill assigned and complain about perceived excessive usage by his or her neighbour
The tenant might periodically fail to remit payment in a timely manner, thereby doubling your bill-collecting responsibilities
Some tenants might file a claim against you in court or arbitration demanding that they be allowed to avoid paying the portion of the utility bill that they agreed to pay in the lease
Overwhelmed? You Don’t Need to Be!
Chapter 3. HOW TO DETERMINE RENTAL VALUE
TABLE 1: NEIGHBOURHOOD COMPARISON
How Do Pet or Smoking Restrictions Affect Rental Value?
I’ve Determined Market Value for My Rental Property, but What Do I Do in a Weak Rental Market?
Rent reduction
Move-in allowance
Offer one or half of one month’s rent free
Furnished Rentals
Chapter 4. LANDLORDING ESSENTIAL: MEMBERSHIP IN A LANDLORD ASSOCIATION
Access to a legal information hot line
Access to landlord-friendly rental forms relevant to your province
Access to credit information
Access to a “bad tenant” database
Workshops, seminars, and newsletters regarding current events in property management
Political clout
I only have one rental property (in my basement). Do I really have to join a landlord association?
Chapter 5. INSURANCE
Types of Insurance
Liability Insurance
Chapter 6. KNOW THE LAW — AT LEAST KNOW THE BASICS
Human Rights Legislation
Legislation designed to protect personal information
Privacy Law
Never Accept Tenancy Law Advice from Your Tenant
Chapter 7. START YOUR TENANCY ON THE RIGHT FOOT WITH THE RIGHT FORMS
The Application Form
Information about the property being offered for rent
Grow-Op Deterrence Clause
SAMPLE 1: RESIDENTIAL TENANCY APPLICATION
Receipt Book
Other Forms Required by Your Strata/Condominium Corporation
Other Legal Forms Required by Your Province
Move-In/Move-Out Inspection Form
Proof of Authority to Rent the Property
The Rental Agreement
Tenant
Occupant
Rental Agreements and Secondary Suites
Month-to-Month Agreements versus Fixed-Term Leases
Other Important Clauses. Liquidated damages clause
Additional occupant escalation clause
Late payment or non-sufficient funds (NSF) fee
Clear definition of an occupant
Restrictions on potentially damaging items such as barbeques and water beds
PART 2. HOW TO FIND A GREAT TENANT
Chapter 8. PLACING THE “FOR RENT” AD
The Newspaper Classified Ad
Which newspaper should be used?
What Should Be in the Ad? Rental value and the number of bedrooms/bathrooms
Utilities included?
Other important restrictions (pets/smoking/etc.)
Property address
Rental incentives
Language that will catch readers’ attention
Sample ads
Placing Your “For Rent” Ad Online
What site should be used?
What should be included in the ad?
Beware of scammers!
Chapter 9. AN INTRODUCTION TO TELEPHONE SCREENING
What date do you want to move in?
Who will be living in the home?
Do you have any pets?
What is the reason for moving?
Have you given notice to your current landlord?
How to Prevent No-Show Appointments
Chapter 10. SHOWING THE HOME AND CLOSING THE DEAL
Holding open houses instead of private viewing appointments
Going out too often in a day to show the rental suite
Overselling the home
Not being prepared to answer basic questions about the property
Failing to bring the basic forms to the showing
Improper attire
Failing to close the deal
Poor listening and observation skills
Agreeing to requests from prospects before they’ve filled out an application
Stopping showings after receiving a promising application
Stay Safe!
Getting the Application Signed
What if the Applicant Refuses to Give His or Her Social Insurance Number?
Stop Good Tenants from Looking Elsewhere after Filling Out Your Application
Collect an application deposit
Get through the rental agreement with the prospective tenant too
Chapter 11. MINIMIZING YOUR RISK: EFFECTIVE TENANT APPLICATION ANALYSIS
The Initial Review of the Application Form
Look for missing information
Rental history
Joint rental history
Income history
The Credit Report and Why It Means So Much
How a landlord should read a credit report. Stated personal information
Inquiries
Civil judgments
Collection agencies
Trade information or credit history
How should a landlord define good credit?
How should a landlord use the credit score?
What if they have no credit or are a “no hit?”
How do cosigners fit in?
The income requirement can change
John has bad credit or inadequate income. But he seems like a great guy! He’s professional, businesslike, and appears to have his act together. You need to fill your vacancy. Do you really reject the application?
Secondary Screening Measures
Google the tenant
Criminal background check
Employment reference
Landlord reference
Visiting the tenant at his or her present home
Tenant Applications That Are Difficult to Assess
Tenants with undeclared income
Unemployed but flush with cash
Students
Roommates
Tenants on income assistance
New immigrants
Good credit partner, bad credit partner
Let’s Put Theory into Practice!
Case Study #1: Renting Out a Basement Suite
Case Study #2: Renting Out a New Townhouse
Chapter 12. WHAT DO YOU DO IF YOU CAN’T FIND A TENANT THAT MEETS YOUR REQUIREMENTS?
How Does Your Rental Show?
Is It Overpriced?
Allowing personal financial circumstances to affect rental value
Overvaluing renovations
Undervaluing property drawbacks
Reconsider smoking or pet restrictions
Incentives, Marketing, and Other Potential Issues. Offer a rental incentive
Reconsider your marketing strategy
Fielding calls from prospective tenants and showing the home
Never Lower Your Standards
Chapter 13. HOW TO REJECT A TENANT APPLICATION
Learn from the Master of Rejection: The Bank
The reason provided for rejecting the loan is business related
Banks usually have a third party deliver the bad news
Banks keep the conversation brief, but they remain courteous, respectful, and polite
Rejected Applications and Application Deposits
My Final Word on Discrimination
Chapter 14. HOW TO ACCEPT A TENANT: WHAT TO DO FROM THE FIRST MEETING TO MOVE-IN DAY
What to Do When You Call the Accepted Applicant
What to Do at the Meeting with Your Newly Accepted Tenant
Move-In Day
Success!
PART 3. AFTER THE TENANT MOVES IN
Chapter 15. PROPERTY MAINTENANCE MADE EASY
Property Maintenance for Small Rental Properties
Breathing space
Written record that can be used as evidence
Preventive Maintenance
Pest Infestations
What If the Tenant Wants to Renovate the Home, or Offers to Perform Repairs (with the Landlord Paying the Cost of Labour and Materials)?
What about Emergency Repairs?
What If the Tenant Is Locked out of the Home? Is This an Emergency?
What If the Tenant Is Unreasonable about Repairs?
Want a Good Tenant to Stay for Many Years?
Avoid becoming the tenant’s maintenance employee
Chapter 16. EVERYTHING YOU NEED TO KNOW ABOUT VACATING TENANTS
Insist on a Legal Notice to Vacate
Move-Out Procedures You Need to Know
The Move-Out Inspection Report and Returning the Security Deposit
Abandoned Property
What if your tenant dies?
PART 4. HOW TO PROTECT YOURSELF
Chapter 17. WHAT YOU NEED TO KNOW ABOUT SERVING DOCUMENTS
Are You Using the Correct Legal Document?
Did You Fill Out the Form Correctly?
How Should You Serve the Document?
How Will You Prove the Document Was Served?
Chapter 18. HOW TO ENFORCE TIMELY RENT PAYMENTS EACH AND EVERY MONTH
What to do the day the rent is due
What to do the day after the rent was due
Common Misconceptions about Rent “Sending an eviction notice on the day after the rent was due is heavy handed. The tenant should be given time to scrape together the funds.”
“I should reward my tenant for paying rent on time.”
“The landlord must go to the tenant’s home to pick up the rent.”
“Rent doesn’t have to be paid on holidays.”
“Rent can be withheld because the landlord didn’t repair something, or because I’m being harassed, or …”
Accepting a Partial Rent Payment
Your Tenant Didn’t Pay the Rent by the Deadline Specified in the Eviction Notice. Now He or She Is Offering to Pay the Rent in Full. Should You Accept?
When In Doubt about a Rent Cheque, Get It Certified!
Repeated Late Rent Payments: A Cause for Eviction
Chapter 19. MAKE YOUR TENANT PLAY BY THE RULES (OF YOUR RENTAL AGREEMENT)
Anatomy of a Warning Letter
Unauthorized Pets
Unauthorized Occupants
SAMPLE 2: APPLICATION FOR OCCUPANCY
Assignments and Subletting
Noisy and Disruptive Tenants
Noise complaints when you live with your tenant
Noise complaints from your tenant’s neighbour
Noise complaints by your tenant against a neighbour
If the Tenant Seriously Damages the Property
Expedited Eviction for Causing Substantial Damage
Illegal Activity
Marijuana Grow Operations
Chapter 20. I SERVED AN EVICTION NOTICE AND NOTHING HAPPENED. WHAT NOW?
Should You Retain a Lawyer?
Strategies That Could Compel a Tenant to Leave While You Continue to Pursue Eviction through the Legal System
Common Mistakes Landlords Make in Court and How to Avoid Them. Not filling out the forms correctly
Failing to bring all evidence to the hearing
Failing to prove court documents were served
Presenting hearsay evidence
When the property is damaged, presenting ineffective photo evidence and not showing strong evidence of the cost to repair the damage
Confusing the issues at hand
Chapter 21. WHEN ALL ELSE FAILS: BRINGING IN THE BAILIFF
“Soft” Evictions
Executing the Writ
PART 5. MORE ESSENTIALS FOR LANDLORDS
Chapter 22. GOOD PROPERTY MANAGER, BAD PROPERTY MANAGER …
What to Look for
What kind of property does the >manager currently manage?
License status
Get full disclosure of the property manager’s fee structure
Be aware of double costing and illegal fees (to tenant and landlord)
Tradespeople and billing
How will vacancies be advertised?
Is your manager willing to partner with you on tenant selection?
Don’t let your property manager profit from tenant-selection mistakes
Chapter 23. THE NECESSITY OF RENT INCREASES
Chapter 24. SELLING TENANT-OCCUPIED PROPERTY
Choose Your Real Estate Agent Wisely
Avoid Having to Serve Legal Notice for Each and Every Showing
Getting the Ball Rolling with the Sale of Your Rental
What more should your agent do for you?
What if the Tenant Starts to Become Uncooperative?
What if the Tenant Makes False and Misleading Statements about the Property to Turn Off Prospective Buyers?
What Happens When You Receive Your First Offer?
DOWNLOAD KIT
Web Resources for Landlords. Blank Forms
Sample Letters (PDF only)
ABOUT THE AUTHOR
NOTICE TO READERS
Self-Counsel Press thanks you for purchasing this ebook
