Читать книгу Landlording in Canada - Michael Drouillard - Страница 23

Ambiguous Boundaries Between Exclusive-Use and Common Areas

Оглавление

Tenants renting a secondary suite might be uncertain as to whether or not they’re entitled to exclusive use of any part of the yard. In a home with upper and lower suites, the tenant in the lower suite might assume that the backyard is for his or her own use, while the upper occupants may only use the balcony. Sometimes, tenants may consider the backyard to be their own personal storage area, or a place where they can leave debris. Yard disputes are foreseeable. They’re also preventable if your rental agreement is clear about the use of the yard and all common areas.

Physical barriers such as fences or hedges could be installed to create exclusive-use areas. If it is impractical to install physical barriers, then boundaries must be created through terms in the rental agreement. For example, you could have a clause in the agreement specifying that while the interior of the secondary suite is for the tenant’s exclusive use, all other parts of the property are considered common-use areas. Your agreement would prohibit the tenant from leaving items on common property without the landlord’s permission.

Parking problems are also foreseeable and preventable. Do you want your tenant to park on a certain part of the driveway and not elsewhere? Do you want to restrict the number of vehicles that the tenant may park on the property? Decide what you want ahead of time and clearly specify the parking rules in the rental agreement.

If they’re located within the secondary suite, know that you cannot access the electrical panel, hot water tank or furnace without receiving the tenant’s consent to enter the home, or by serving written notice beforehand as required by provincial tenancy law. You could enter the suite if it’s an emergency, but the law has a narrow definition of “emergency.” Generally, it’s only an emergency if property or people are at immediate risk of harm. You and your tenants should agree beforehand to a contingency plan about what should happen in the event that a circuit breaker needs to be reset, for instance.

Landlording in Canada

Подняться наверх