[PPT] - Landlord101 Presented By LandlordBC Understanding the Landscape PowerPoint Presentation

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Landlord101

Presented By LandlordBC

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Agenda

Understanding the Landscape
Module 1: Tenant Selection
Module 2: Beginning A Tenancy and Documentation
Module 3: During a Tenancy
Module 4: How a Tenancy Ends
Module 5: End of Tenancy Procedures

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This section of the LandlordBC’s Landlord101 workshop focuses on introducing participants to several of the pieces of legislation that govern their rental housing

business. Legislation introduced include: Residential

Tenancy Act and Regulations, Personal Information and Protection Act (PIPA) and the Guidelines from the Office

f the Privacy Commissioner, Human Rights Code, and

Municipal Bylaws. This section is intended to provide a high-level understanding that providing rental housing accommodation requires basic knowledge of many different pieces of legislation, regulations and policies.

Unde derstandi nding t the l lands ndscape pe

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Rental Housing Business

PIPA Local Bylaws Residential Tenancy Act Human Rights Code Strata Bylaws Income Tax Act

Be Before You Be Become a Lan a Landlord

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Governs relationship between landlord and tenant
Supporting documents:
Residential Tenancy Regulations
Rules of Procedure
Policy Guidelines
Administered by the Residential Tenancy Branch

Res esidential T Ten enancy Ac Act

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The Guidelines from the Office of the Privacy Commissioner of BC, which apply PIPA to residential tenancies, outline what a landlord can and cannot ask from an applicant/tenant and what a landlord can and cannot do with the information they have collected.

PIPA PA

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The Human Rights Code protects applicants and tenants from discrimination and establishes a landlord's duty to accommodate.

Human Ri Rights C Code

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Local bylaws may stipulate whether secondary units are permitted, the number of unrelated occupants that are allowed to reside in a rental unit, and the number of vehicles that may be parked at a residence.

Lo Local al B Byl ylaws

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A strata council may impose restriction on the number or units, charge move in and move out fees, and add another layer of complexity when dealing with your tenants.

St Strata B Byla laws

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Income generated through your rental housing business is taxable and must be reported.

Incom

me T

Tax A x Act

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Why Do I Do I N Need to K

Know This?

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Module 1

While the Residential Tenancy Act and Regulations do not cover the process of tenant selection, aside from mentioning that landlords cannot charge a fee for considering an applicant, the Human Rights code and PIPA do affect the selection process. In this section participants will explore industry-best practices for tenant selection including how to properly use an Application for Tenancy form and how sections of the Human Rights Code and PIPA apply. Covering topics such as:

Discrimination
Duty to Accommodate
Requesting applicants’ personal information
Proper/secure storage of tenants’ personal information

Ten enant S Sel elec ection

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Module 1

In British Columbia, it is discrimination if you are treated badly or denied a benefit because of a personal characteristic. Examples of discrimination

Firing a woman because she is pregnant
Refusing to rent an apartment to a couple because they

are gay

Refusing to hire someone because of a physical or

mental disability

Paying a woman less than a man who is doing the same

job

Forcing an employee to retire because of the person’s

age

Hum Human R Rights C s Code de - Di Discri rimination

n

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Module 1

Race Colour Ancestry Place of origin Religion Marital status Family status

Hum Human R Rights C s Code de - Di Discri rimination

n

Physical or mental disability Sex Sexual orientation, Gender identity or expression Age Lawful source of income of that person

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Module 1

Digging Deeper

Family status
Age
Lawful source of income

Hum Human R Rights C s Code de - Di Discri rimination

n

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Module 1

Employers, landlords, and people who provide a service to the public must try hard to accommodate the personal characteristics protected under the Code. This is called the duty to accommodate. The accommodation will depend on the specific situation. For example, it may require an employer to:

provide someone with additional training
adjust a work schedule
modify or purchase equipment
change an employee’s duties

Hum Human R Rights C s Code de – Du Duty t to

Accom
mmodate

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Module 1

The duty to accommodate also means there is a legal duty to adjust a policy, practice or service. For example, an older person’s needs may require that changes be made to the usual way things are done because of that person’s age. Refusing to take reasonable steps could be discriminatory unless adjusting to these needs would result in undue hardship. The duty to accommodate is the responsibility of the employer, landlord, or person who is providing the service to the public.

Hum Human R Rights C s Code de – Du Duty t to

Accom
mmodate

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Module 1

Can you ask an applicant for their SIN? Generally no, a SIN is not necessary for tenant selection and if requested must be optional.

PIPA PA – SI SIN

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Module 1

Can you view an applicant's credit check? A credit check can be an effective tool in a landlord's tenant selection process and may be conducted. In general it is recommended that credit checks not be run

n every person who applies but used judiciously.

PIPA PA – Cred edit C Chec hecks

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Module 1

Can you take a copy of an applicant's ID No, while asking to see an applicant's ID is recommended a landlord may not make a copy or take a photograph.

PIPA PA – ID ID

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Module 1

Collecting personal information from an applicant/tenant requires a significant duty of care regarding the storing, disclosing, disposing this information. The guideline document from the office of the privacy commissioner

utlines how to handle personal information a landlord

has collected on an applicant/tenant.

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

Hardcopy Storage A landlord must take reasonable measures to secure personal information and prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction. Personal information should be secured in a way that is inaccessible to unauthorized parties, such as a locked filing cabinet in a locked room.

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

Digital Storage Personal information should be stored on an encrypted computer or secure server with robust security

protection. Any personal information on a portable device

such as a smartphone or USB memory stick must be encrypted.

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

How long should a landlord keep a tenant's personal information?

PIPA: at least one year
RTA: 2 Years after end of tenancy
Income Tax Act: 7 Years

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

Disclosure Generally, landlords require tenants’ consent to disclose their personal information. PIPA specifies where consent is not required to disclose personal information, including:

Where it is clearly in the interests of the tenant and

timely consent cannot be obtained;

Where disclosure is required by another statute or

regulation;

In response to a court order, warrant or subpoena;
To law enforcement;
In an emergency;
To next of kin in the event of death; and
Where disclosure is necessary for the landlord to

collect a debt owed to him or her by the tenant.

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

Disposal Personal information should be securely destroyed in a document shredder or using a document disposal

company. Landlords must also ensure that they securely

destroy any electronic records that they no longer require.

PIPA PA – Handl ndling ng P Persona nal I Inf nformation

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Module 1

Ten enant S Sel elec ection P Proces ess

Place an Advertisement Receive Responses Email/Phone Interview Suite Showing Interview

Application Form Verify Reference/Credit Checks Confirm Information

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Module 1

Clarify what is being offered to rent
Gather information on one central form
Obtain consent for reference/credit checks

Why Us Use a e an n App Application F Form?

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Module 2

Ques estions? ns?

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Module 2

In Module 2, participants will learn how a tenancy is established and how the Residential Tenancy Act and Regulations govern landlord’s relationship with their

tenants. Topics include: tenancy agreements, deposits,

condition inspections, documenting incidents and changes that may occur during the tenancy.

Beginn nning ng a a Tena nancy ncy and D nd Documen entation

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Module 2

What Establishes a Tenancy? Tenancy agreements can be written or oral, express or implied, between a landlord and a tenant

Establ blishi shing ng a a Tena nancy

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Module 2

Oral Agreements An oral agreement can occur when a landlord offers to rent a unit to a tenant and the tenant agrees. Oral agreements are not recommended as the terms of the agreement are not documented.

Establ blishi shing ng a a Tena nancy

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Module 2

Express or Implied Agreements And express or implied agreement can occur when a landlord and tenant intimate that a tenancy has been entered into. A landlord accepting money such as rent, or a deposit is a common example of an express or implied tenancy.

Establ blishi shing ng a a Tena nancy

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Module 2

Written Agreements While a tenancy can be established several ways a written agreement is recommended to ensure a successful tenancy.

Establ blishi shing ng a a Tena nancy

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Module 2

RTA The RTA states that a landlord must prepare a written agreement that must include prescribed standard terms. Regulations When the RTA states that something is prescribed it means that it will be found in the Residential Tenancy

Regulations. The Regulations are supplemental to the RTA

and help further define and activate sections of the RTA.

Ten enancy Ag Agreem ements s – Standa dard T d Terms

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Module 2

Regulations – Schedule Found at the end of a Regulations is a schedule that prescribes the wording of standard terms that apply to all tenancies in BC.

Ten enancy Ag Agreem ements s – Standa dard T d Terms

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Module 2

Why is a written agreement important? A tenancy agreement establishes the rights and responsibilities for landlords and tenants. If a landlord would like to prohibit or limit something within tenancy it will generally need to be written in the agreement.

Ten enancy Ag Agreem ements s – Import

rtance

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Module 2

A landlord may add additional terms to an agreement before signing so long as the terms are distinguishable as separate from the standard terms and is:

Consistent with the RTA
Conscionable
Expressed in a manner that makes the rights or
bligations clear

Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms

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Module 2

Pets A landlord may include a term that prohibits pets, or restricts the size, kind, or number of pets a tenant may keep. All tenancies are subject to the Guide Dog and Service Dog Act.

Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms

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Module 2

Smoking A landlord may prohibit the smoking/vaping of tobacco, cannabis or any other combustible material.

Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms

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Module 2

Cannabis A landlord may include a term prohibiting the growth, production, and processing of cannabis. All agreements entered into on or before October 17, 2018 are considered to prohibit the growth of cannabis while any agreements entered into after this date must include a specific term.

Ten enancy Ag Agreem ements s – Addit itio ional T l Term rms

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Module 2

Can a landlord make changes to a tenancy agreement after the agreement is signed? With the tenant's consent, which is given by having all parties initial and date the change, a landlord may make changes to an agreement. Changes may not alter the content of a standard term.

Ten enancy Ag Agreem ements s – Amendm ndmen ents

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Module 2

Security Deposit A landlord may collect as a term of their tenancy a security deposit of up to one half of a months rent. Pet Damage Deposit If a landlord allows a tenant to keep a pet in the rental unit or residential property, they may collect a pet damage deposit of up to one half of a months rent.

Depo eposi sits

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Module 2

When can you take a deposit? Deposits are generally taken at the start of a tenancy and, in the case of a pet damage deposit, when the landlord allows a tenant keep a pet.

Depo eposi sits

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Module 2

How long does a tenant have to pay a deposit? Tenants have 30 days from the date the deposit was required to pay the deposit.

Depo eposi sits

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Module 2

What are they and why are they important? A condition inspection documents the state of the rental unit at the start and end of tenancy. It is a requirement under the RTA for a landlord to schedule and complete a condition inspection with their tenant and failure to do so could result in a landlord forfeiting their right to claim for damage or cleaning.

Condi dition I n Inspe pection

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Module 2

Scheduling A landlord must schedule a condition inspection in accordance with the Regulations. The landlord must offer

ne opportunity either in writing or orally, if the tenant

does not agree they may propose an alternative time. If an agreement on a date and time cannot be reached or if the tenant does not a respond a landlord must serve a “Notice of Final Opportunity to Schedule a Condition Inspection.

Condi dition I n Inspe pection

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Module 2

Form A landlord must complete a condition inspection either

n the approved form provide by the RTB or on a form

that includes the prescribed information. As regulated a landlord must provide a copy of the completed move in Condition Inspection within 7 days.

Condi dition I n Inspe pection

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Module 2

In this hearing the applicant (a landlord) filed a claim to cover the cost to repair the rental damage caused by the

tenant. The arbitrator ruled in favour of the landlord as

the landlord was able to prove, using the Condition Inspection Report, that the tenant had caused the damage to the rental unit.

Case S e Study dy – Dec ecisi sion 646 6467

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Module 2

“I find that the landlords proved, with invoice and condition inspection report as well as undisputed testimony that the walls required patch work and painting at the end of the tenancy that were beyond regular wear and tear over the course of the tenancy”

Case S e Study dy – Dec ecisi sion 646 6467

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Module 2

Evidentiary weight of a condition inspection report 21 In dispute resolution proceedings, a condition inspection report completed in accordance with this Part is evidence of the state of repair and condition of the rental unit or residential property on the date of the inspection, unless either the landlord or the tenant has a preponderance of evidence to the contrary.

Case S e Study dy – Dec ecisi sion 646 6467

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Module 2

Ques estions? ns?

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Module 3

This section covers the importance of following the processes outlined in the RTA and Regulations. Participants will review procedures and requisite forms for:

Collecting rent
Rent Increases
Emergency Repairs
Maintenance
Notice of Entry
Sublet/Assign

During ng a a tena nanc ncy

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Module 3

We have already covered the importance of certain forms such as the Application for Tenancy, Tenancy Agreement, and Condition Inspection but there are many other forms that may need to utilized during a tenancy. In some cases it is required that you use an approved form provided by the RTB and in some cases you may use your own or one provided by an association.

Know Y You

ur

r For

rms

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Module 3

RTB Forms On the RTB website there are many forms provided to landlords and tenants to use in various situations, from increasing rent to ending tenancies. Knowing whether you must use an approved form vs one you have made can be

difficult. We recommend always using the forms found on

the RTB website unless you belong to a reputable industry association that provides an alternative.

Know Y You

ur

r For

rms

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Module 3

When is Rent Due? Rent is generally due on the 1st of the month unless the agreement states otherwise. Must landlords provide a receipt? A landlord must provide a written receipt for the payment

f rent if the payment is made in cash.

Collec ecting ng R Rent

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Module 3

Can a landlord increase rent during a tenancy? Yes, a landlord may increase rent during a tenancy. Information as to the timing, amount, requisite form and notice period can be found in both the RTA and the Regulations.

Ren ent I Inc ncreases es

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Module 3

When can a landlord increase the rent? Rent can be increased no sooner than 12 months after the rent was initially established or increased. How much can a landlord Increase the rent? The rent increase formula is prescribed in the regulations and is set at inflation at the end of July. For 2019 the rent increase is 2.5 percent

Ren ent I Inc ncreases es

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Module 3

Does a landlord have to use an approved form? Yes, landlord must use the approved form found on the RTB website. The form is called “Notice of Rent Increase - Residential Rental Units RTB-7” How much notice must a landlord provide a tenant when increasing rent? A landlord must provide 3 clear calendar months notice when increasing rent.

Ren ent I Inc ncreases es

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Module 3

What are emergency repairs? In the context of the RTA and a residential tenancy an emergency repair is a repair that is:

urgent,
necessary for the health or safety of anyone or for the

preservation or use of residential property, and

made for the purpose of repairing
major leaks in pipes or the roof,
damaged or blocked water or sewer pipes or plumbing fixtures,
the primary heating system,
damaged or defective locks that give access to a rental unit,
the electrical systems,

Emergenc ency r repa pairs

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Module 3

The landlord must post and maintain in a conspicuous place on residential property, or give to a tenant in writing, the name and telephone number of a person the tenant is to contact for emergency repairs.

Emergenc ency r repa pairs

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Module 3

A tenant may have emergency repairs made only when all of the following conditions are met:

emergency repairs are needed;
the tenant has made at least 2 attempts to telephone, at the

number provided, the person identified by the landlord as the person to contact for emergency repairs;

following those attempts, the tenant has given the landlord

reasonable time to make the repairs.

Emergenc ency r repa pairs

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Module 3

A landlord may take over completion of an emergency repair at any time. Emergenc ency r repa pairs

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Module 3

A landlord must reimburse a tenant for amounts

paid for emergency repairs if the tenant

claims reimbursement for those amounts from the

landlord, and

gives the landlord a written account of the emergency

repairs accompanied by a receipt for each amount claimed.

Emergenc ency r repa pairs

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Module 3

If a landlord does not reimburse a tenant as required, the tenant may deduct the amount from rent or otherwise recover the amount.

Emergenc ency r repa pairs

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Module 3

During a tenancy both landlord and tenants have responsibilities to maintain the rental unit and residential

property. Policy Guideline 1 outlines many of these

responsibilities.

Maintena nanc nce

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Module 3

Tenants have the right to reasonable privacy and a landlord may not enter the rental unit unless:

The tenant has provided permission at the time of

entry and not more than 30 days

The landlord provides written notice to enter
The landlord provides housekeeping services
The landlord has an order from the director authorizing

the entry

The tenant has abandoned the rental unit
An emergency exists and the entry is necessary to

protect life or property

No Notice o

f Entr

try

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Module 3

Is there an approved form? No, the RTB does not provide a form for entry to a rental unit, LandlordBC provides one to its members. How much notice is required? A landlord must provide at least 24 hours notice before entering a rental unit.

No Notice o

f Entr

try

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Module 3

What is sublet? Tenants are vacating the rental unit and then returning to the unit. In their absence new tenants take their place but are your tenant's tenants. What is assignment? Tenants are vacating the rental unit; not returning and new tenants are taking over their contract.

Sublet V

Vs. A

Assignm nmen ent

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Module 3

Can I put “no subletting or assignment” in my agreement? No, landlords cannot unreasonably withhold consent to allow a tenant to sublet or assign if there are 6 months or more remaining in the fixed term. Can a tenant sublet on a month to month? Technically yes but landlords have the right to decline a sublet in this situation.

Sublet and Assignm nmen ent, M

Misc. Rules

es

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Module 3

Method Of Service Delay In Person Immediately To an Adult Person Residing With The Tenant Immediately On the Door/In Mailbox 3 Days Later Mail/Registered Mail 5 Days Later

Methods o

f Se

Servic vice

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Module 3

Ques estions? ns?

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Module 4

Participants will identify the various ways a tenancy may end and how each scenario may affect them and their

tenants. This section will also review the RTB’s methods
f enforcement of the Notices to End of Tenancy.

How a a T Tena nanc ncy Ends ds

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Module 4

A tenancy may end if:

the tenant or landlord gives notice to end the tenancy

in accordance with the RTA

the tenancy agreement is a fixed term tenancy

agreement that, in circumstances prescribed requires the tenant to vacate the rental unit at the end of the term;

the landlord and tenant agree in writing to end the

tenancy;

the tenant vacates or abandons the rental unit;
the tenancy agreement is frustrated;
the director orders that the tenancy is ended;
the tenancy agreement is a sublease agreement.

How a a T Tena nanc ncy Ends ds

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Module 4

A Notice to End Tenancy from a tenant must include:

Name
Rental unit address
Statement ending tenancy
Date
Date of End of Tenancy
Signature

Tenants ts No Notice

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Module 4

A tenancy may end if the agreement says that the tenant must vacate at the end of the tenancy if:

The landlord or close family member will be moving

into the rental unit

The agreement is a sublet agreement and the original

tenant is returning to the rental unit

Fixed T ed Term Tena nancies es

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Module 4

A landlord and tenant may agree to end a tenancy in

writing. The agreement can end the tenancy on any date

both parties agree.

Mutua ual A Agree eemen ent t to End T d Tena nanc ncy

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Module 4

Tenant’s occasionally leave their rental with little or no

notice. To consider if a rental unit is abandoned, we need

to consider a variety of factors.

When did the tenant last regularly reside in the rental

unit?

Has the tenant removed all or most of their belongings?
Has the tenant indicated they are not returning to the

rental unit?

Are the circumstances surrounding their departure

such that it would be unlikely for them to return?

Abando ndonm nment

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Module 4

A landlord may end a tenancy using one of the following forms:

10 Day Notice to End Tenancy for Unpaid Rent or

Utilities RTB-30

1 Month Notice to End Tenancy RTB-33
2 Month Notice to End Tenancy RTB-32
4 Month Notice to End Tenancy. RTB-29

How a a T Tena nanc ncy Ends ds – Landl ndlords ds N Notice

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Module 4

A landlord may end a tenancy using the 10-day notice to end tenancy if the tenant has not paid rent in full or on the date in which it is due. A landlord may also end a tenancy using the 10-day notice if the tenant is responsible for paying the landlord the utilities, separate from the rent, and the tenant has not made full payment within 30 days of receiving a written demand with a copy of the invoice.

10 D 10 Day N Notice t e to End nd T Ten enancy f for Unp Unpaid Ren ent o

r Ut

Utilities R es RTB-30 30

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Module 4

While exploring how a landlord may end a tenancy for unpaid rent or utilities, we review the 10 Day Notice to End Tenancy form and expand on various scenarios that allow this notice to be used for unpaid utilities. This module will provide information about the Direct Request processes that landlords should be informed about.

Endi ding ng T Tena nanc ncy f for Unpa paid R Rent o

r Utilit

litie ies

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Module 4

When is rent due? Unless otherwise stated rent is due in full on the first of the month. How do I collect Rent It is the responsibility of a tenant to get the rent to you not the other way. Landlords should provide a couple reasonable methods a tenant can pay rent.

Re Rent

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Module 4

When are utilities due? If the utilities are in the landlords name and the agreement states that the tenant must pay all or a portion of the utilities the tenant has 30 days to make payment from the date they receive a copy of the invoice with a written demand.

Utilit litie ies

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Module 4

What do I do tenant does not pay rent or utilities on the date they are due? If rent or utilities are not paid in full on the date they are due a landlord may serve a 10 Day Notice to End Tenancy.

Unpaid id R Rent o

r

r Utilit litie ies

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Module 4

May 1st May 2nd May 7th May 8th May 12th

Rent Due Serve 10 Day Notice Final to Pay or Dispute First Day Landlord Can Apply Last Day of Tenancy

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Module 4

Witness If a notice to end tenancy is being served by posting it on a door/placing in mail box or giving it directly to the tenant/adult occupant who reside in the rental unit the landlord should have a witness

Ser erving a a Notice t e to End nd T Ten enancy

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Module 4

Proof of Service When serving a notice to end tenancy a landlord should complete a proof of service, this is a form found on the RTB

site. The form includes a witness statement

Ser erving a a Notice t e to End nd T Ten enancy

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Module 4

How long does the tenant have to pay/dispute? A tenant has 5 days from the date they receive the notice to either pay rent/utilities or dispute the notice. What if the tenant pays? If the tenant pays all of the outstanding rent or utilities within the 5 days the notice is cancelled and the tenancy continues.

Af After er N Notice i e is S Ser erved ed

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Module 4

What if the tenant disputes the notice? A hearing will be scheduled and the tenancy continued until an arbitrator can hear the matter and deliver a decision. We will review timelines and procedures for responding to a dispute in Module 5

Af After er N Notice i e is S Ser erved ed

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Module 4

The tenant has not paid and not disputed the notice, now what? If the tenant does not pay rent in the timeframe allowed by the 10 day notice and does not dispute the resolution they must leave on the effective date of the notice.

Af After er N Notice i e is S Ser erved ed

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Module 4

What if the tenant is not going to leave? If the tenant does not leave you may need to apply for an

rder of possession. This is done through the RTB’s dispute

resolution services and in the case of the 10 day notice there is an expedited process known as a Direct Request.

Af After er N Notice i e is S Ser erved ed

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Module 4

A Direct Request is a process in which a landlord applies for an order of possession and monetary order and instead of waiting for a hearing can obtain both or either just by submitting the correct paperwork. This process is much quicker but does have a higher evidentiary standard.

Af After er N Notice i e is S Ser erved ed

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Module 4

What is needed to apply? For a landlord to be successful int heir application for a direct request they must provide the following:

10 Day Notice
Proof of Service
Tenancy Agreement
Rent increases
Request for utilities

Direc ect R Requ eques est

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Module 4

Because a Direct Request is not a participatory hearing all evidence must be provided at the time of application and a mistake in filling out a form can result in a denied claim.

Direc ect R Requ eques est

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Module 4

Notifying the tenant With a standard participatory hearing the applicant receives a notice of dispute resolution package with several info sheets that must be served on the respondent. In a direct request this must also be done and there is a proof of service document that must be completed and returned to the RTB before your application is processed further.

Direc ect R Requ eques est

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Module 4

My request was declined, now what ? When an application for a Direct Request is declined it is forwarded to a standard hearing which can take several weeks.

Direc ect R Requ eques est

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Module 4

My application was accepted, now what? If your application was successful you will receive a written decision, an order or possession, and/or monetary order. This is generally done within a few days but can take up to two weeks.

Direc ect R Requ eques est

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Module 4

Generally a landlord would use the 1 month notice to end tenancy for cause in situations where the tenant either by their actions, the actions of their occupants or guests or by their negligence has caused an issue significant enough to warrant the tenancy to end.

1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33

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Module 4

These situations can sometimes be difficult to determine and require a landlord to take into consideration whether the breach caused by the tenant is material to the tenancy.

1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33

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Module 4

Common Scenarios That May Warrant a 1 Month Notice

The tenant has repeatedly paid their rent late
The tenant has significantly interfered with or

unreasonably disturbed the landlord or another

ccupant
The tenant has caused extraordinary damage
The tenant has failed to comply with a material term

1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33

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Module 4

How long does a tenant have to dispute the notice? A tenant has 10 days from the date the notice is received to dispute the notice

1 1 Month Notice t e to End nd T Ten enancy R RTB-33 33

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Module 4

In general, the 1 Month Notice to End Tenancy is used to address something that the tenant is doing that is contrary to the to the RTA or Agreement. For a One Month Notice to be successful a landlord must document the issue and in many cases issue a warning.

Endi ding ng T Tena nanc ncy f for Cause use

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Module 4

Initial Steps Often a landlord is notified of an issue when talking with another tenant of the residential property or a neighbor. It recommended that you obtain any complaints in writing and get consent to use those written complaints in dispute resolution.

Documentat tation

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Module 4

Initial Steps If the issue is not affecting other tenants such as damage to the rental unit or subletting without consent you may need to conduct an inspection to verify and document your findings.

Documentat tation

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Module 4

Caution Notices When an issue arises that is a breach of a material term of the tenancy it is a requirement that the tenant receive notification of the breach. This notice should include:

What the issue is (include specific term breached)
How to resolve the issue
Timeframe to resolve the issue by
Consequences for non-compliance

Documentat tation

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Module 4

How much time do I need to give the tenant to resolve the issue? This depends on the situation. A landlord must consider how long a reasonable person would take to resolve the matter.

Documentat tation

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Module 4

Smoking It may be reasonable to request someone smoking in a rental under an agreement that prohibits smoking to stop immediately.

Documentat tation

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Module 4

Pets If a tenant is keeping a pet on the property and this is a breach of their agreement a landlord may need to provide the tenant with several weeks to resolve the issue.

Documentat tation

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Module 4

After the Caution If an issue persists after the effective date of the caution notice a landlord should further document the issue and serve a notice to end tenancy.

Documentat tation

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Module 4

Exceptions When an issue is so severe such as extraordinary damage a caution notice may not be required and a landlord can go straight to the notice to end tenancy.

Documentat tation

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Module 4

Exceptions When an issue is severe such as extraordinary damage a caution notice may not be required and a landlord can go straight to the notice to end tenancy.

Documentat tation

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Module 4

The process we have just outlined is designed to effectively deal with problematic tenants and is in its nature

adversarial. It is recommended, whenever possible, to talk

with your tenant to try to resolve the any issues or misunderstandings without using an official notice or caution.

Commu mmunication

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Module 4

The 2 Month Notice is used in situations where the landlord, landlord’s spouse, their close family member will be occupying the rental unit. This notice is also used if the rental unit is sold and the new owner has given written notice to the seller that they, their spouse or their close family member intends to

ccupy the rental unit.

2 2 Month Notice t e to End nd T Ten enancy R RTB-32 32

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Module 4

Who is considered a close family member? A parent or a child of the landlord or the landlords' spouse. Is the tenant entitled to any compensation? Yes, the tenant is entitled to 1-month compensation

2 Month Notice to End Tenancy RTB-32

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Module 4

How long does a landlord or family member have to reside in the rental unit? A landlord or their family member must reside in the rental unit for at lease 6 months. Can this notice be served during a fixed term tenancy? Yes, but the effective date cannot be earlier than the end date of the fixed term.

2 Month Notice to End Tenancy RTB-32

SLIDE 116

Module 4

Can a tenant leave earlier? Yes, in a month to month tenancy a tenant may end a tenancy a tenant may end the tenancy with 10 days notice after the date they have received this notice. How long does a tenant have to dispute the notice? A tenant has 15 days from the date the notice is received to dispute the notice

2 Month Notice to End Tenancy RTB-32

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Module 4

The 4 Month Notice is used in situations where the rental unit will, for an extended period of time, be uninhabitable due to repairs or renovations. It is also used when the rental unit will be demolished or if the unit need to be made available for a resident caretaker.

4 4 Month Notice t e to End nd T Ten enancy R RTB-29 29

SLIDE 118

Module 4

What constitutes significant repairs or renovations? The repairs or renovations must be significant enough that there is no way a tenant could safely reside in the rental unit. An example would be seismic upgrades. A landlord must have all permits in place before serving notice.

4 4 Month Notice t e to End nd T Ten enancy R RTB-29 29

SLIDE 119

Module 4

Can this notice be served during a fixed term tenancy? Yes, but the effective date cannot be earlier than the end date of the fixed term. Is the tenant entitled to a first right of refusal? Yes, in buildings with 5 or more rental units a tenant is entitled to return the rental unit but at market rent.

4 4 Month Notice t e to End nd T Ten enancy R RTB-29 29

SLIDE 120

Module 4

Can a tenant leave earlier? Yes, in a month to month tenancy a tenant may end a tenancy a tenant may end the tenancy with 10 days notice after the date they have received this notice. How long does a tenant have to dispute the notice? A tenant has 30 days from the date the notice is received to dispute the notice

4 4 Month Notice t e to End nd T Ten enancy R RTB-29 29

SLIDE 121

Module 4

If a landlord were to serve either a 2 or 4 Month Notice to end tenancy but they do not intend to follow through the reason they stated on the notice the tenant may be entitled, if they applied through the RTB’s dispute resolution service, to compensation of up to 12 months rent.

Bad Bad F Fai aith

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Module 4

Ques estions ns

SLIDE 123

Module 5

At the end of tenancy there are many procedures that landlords need to strictly adhere to to ensure their rights respecting the state of the rental unit and ability to retain deposits remain intact. In this module we will explore how condition inspections should be scheduled and carried out, how deposits should be handled, and how the RTB’s dispute resolution process works.

End o d of Tena nancy P Procedur ures es

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Module 5

Properly scheduling and conducting a move out condition inspection is an integral part of the end of tenancy process. It allows a landlord to identify deficiencies in the rental unit and provides sort of book end to the tenancy. The inspection must be done while the unit is empty, and must be scheduled in accordance with the RTA.

Con

ndition
n Insp

nspec ections - Sc Schedulin ling

SLIDE 125

Module 5

A landlord must offer two opportunities to schedule a condition inspection. If an agreement on a date and time cannot be made a notice of final opportunity must be served.

Con

ndition
n Insp

nspec ections - Sc Schedulin ling

SLIDE 126

Module 5

The condition inspection is an opportunity to document the state of the rental unit at that date. Blame and money should not be discussed during the inspection and tenants have the right to not agree with the report as it is written.

Con

ndition
n Insp

nspec ections – The I e Inspec pection

SLIDE 127

Module 5

A tenant must provide a forwarding address at the end of the tenancy and has one year from the date the tenancy ended to provide one.

Forwardi ding ng A Addres ess

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Module 5

If the tenant provides a forwarding address the landlord must, within 15 days of the later of the date the tenancy ends or the date the forwarding address was provided, either return the deposit, apply to retain the deposit, or

btain signed and written consent to retain all or part of the

deposit.

Dealin ling w with a D Deposit it

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Module 5

Pet Damage Deposits may only be used to cover pet damage unless the tenant agrees otherwise at the end of tenancy.

Dealin ling w with a D Deposit it

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Module 5

Pet Damage Deposits may only be used to cover pet damage unless the tenant agrees otherwise at the end of

tenancy. Dispute Resolution is the process provided by the

RTB to help landlords and tenants resolve disputes. Conducted as an over the phone conference call, both landlords and tenants have the opportunity to submit evidence and discuss the situation. A hearing may result in:

An Order of Possession
A Monetary Order
An Order to Comply

Disput pute R Resolut ution

SLIDE 131

Module 5

You have received a notice of dispute resolution from your tenant, what do you do? First, don’t panic you likely have more than enough time to prepare and rushing your response often results in a poorly

rganized and possibly incomplete submission.