Repairs: Who is Responsible?

One of the most common issues surrounding landlord/tenant law is the question of repairs to the property. Every tenant has the right to a well-maintained home in a clean and safe building. At the same time, it’s important that a landlord is covered in the instance of an irresponsible tenant mishandling or abusing the property. It’s a very touchy issue, and unfortunately, there are not a lot of clear cut answers. Repairs are often treated on a circumstantial basis, and more often then not, it boils down to who’s willing to fight more: the landlord or the tenant? With that said, let’s look at the specifics to give a broader understanding.

The Residential Tenancy Act does not deal specifically with repairs and maintenance, often causing confusion on the part of both landlord as well as tenant. To find answers, you must look at public health laws; landlords do have a responsibility under public health laws to ensure that their properties are both sanitary, and safe to live in. Legally, it is the landlords job to repair and maintain a tenant’s space. Often, a lease agreement may state otherwise, but the truth of the matter is that it is the landlord’s obligation. Repairs and maintenance are generally looked at as the cost of doing business. This includes any appliances that came with the rental space, as well as the common grounds. But can it really be that black and white?

In short, no, it’s not that black and white. So, before you go and handle all the maintenance and repairs yourself as the landlord, you’ll want to be aware of a few facts. For starters, it is the tenant’s responsibility to keep the unit relatively clean and liveable, and a landlord is not responsible for a tenant’s personal belongings i.e. furniture, clothing or electronics. However, if a landlord directly caused damage to a tenant’s belongings, then yes, the landlord will be held responsible. For example, if a landlord fails to fix a plumbing problem, and a pipe bursts flooding a tenant’s space and ruining personal belongings in the process, then the landlord must pay for the repairs/replacement. Of course, this does go both ways; if a tenant directly causes damage to the property via irresponsible or destructive acts, then the landlord will be within their rights to pass the bill for repairs on to the tenant. Alternatively, the landlord may choose to charge the tenant when they are ready to move, or they may choose to keep some or all the security deposit to cover the costs.

Repairs and maintenance are often handled from a “common sense approach”. This approach would dictate that any “big” repairs are the responsibility of the landlord i.e. installing new light fixtures when the old one’s break, replacing flooring, painting the walls etc. On the other hand, “small” repairs and maintenance are generally handled by the tenant i.e. changing light bulbs, regular cleaning, replacing curtains etc. Here is a more complete list:

The landlord must ensure that:

  • the living space is safe and meets minimum housing, fire, building, and health standards;
  • the heating, wiring, and plumbing work;
  • the structure of the building is maintained including windows, doors, walls, roofs, ceilings, floors, and stairs;
  • the fridge and stove work; and
  • the common areas are clean (i.e. hallways, stairs, front foyer and parking lots).

Moving on to the tenant’s responsibilities. The tenant is typically obligated to:

  • keep the property clean;
  • inform the landlord of any needed repairs;
  • repair any damage they cause to the property; and
  • make small repairs (for example, changing light bulbs or unplugging drains).

The Residential Tenancies Act states that to enter a tenant’s unit to do repairs, the landlord must give notice to the tenant, unless the situation is deemed an emergency. Moreover, if there are repairs and maintenance that must be done, the tenant is expected to notify the landlord in writing, and arrange a time when the landlord can enter the unit to handle the repairs.

So, maintenance and repairs are generally the responsibility of the landlord, but it’s also a joint effort, and the landlord does have rights in the case of a bad tenant destroying property. With that said, the eviction process can not only be a nightmare, but take an unfair amount of time for a landlord. More reason to boost resident retention when you’ve found quality tenants. The easiest way to handle these matters, is to have a professional property management team handle your investment. Please contact CMG Toronto with any questions you have related to property management and landlord/tenant negotiations.

Contact the the best property management company in Toronto.

Image Source: http://www.ppbec.org/better-homes-through-home-repair/

Smart Rental Ads to Attract Quality Tenants

Tenants come in all kinds; responsible students, irresponsible students, young professionals fresh out of school, young people without a high school degree, elderly folk whose marriages have recently failed. The list goes on and on. Point being: the type of tenant you end up with can be a coin toss, and minimizing the risk of a problem tenant is crucial to your success as a landlord.

Alerting potential tenants of a vacancy is only half the battle. All too often landlords neglect to give their rental ads the time and attention that they not only deserve, but require, to attract a quality tenant. An intelligently constructed rental advertisement can very easily be the difference between a successful or an unsuccessful tenancy. Good ads attract quality tenants. Of course, there is no such thing as a sure-fire bet, especially considering the issues surrounding the tenant friendly board. But if you can mitigate the risk and improve your chances of a painless experience, why wouldn’t you? Of course, a thorough screening process is the most important aspect related to mitigating the risk, but you can make the screening process much easier by starting with an effective and savvy rental advertisement. A good advertisement will attract a larger group of quality tenants, and dissuade those looking for an easy target.

Consider for a moment two scenarios: scenario one has a landlord posting an ad with very little thought or craft. The listing includes very little information related to the property besides a few crooked pictures that were taken in poor lighting immediately after the old tenant moved out, the space is still a mess, and the listing simply states “available now”. Scenario two, on the other hand, is well thought out. It has quality pictures taken in good lighting after the space has been given a thorough cleaning and has undergone any necessary renovations. The listing says a lot more than just “available now”; it carries with it a 400-500-word narrative explaining the unit’s features, amenities, a walk-score, and it clearly and concisely states the all-important aspects of “credit check”, “background check”, “first and last months rent required upfront” and “previous landlord and employment history required”. Which ad do you think will attract more quality tenants?

The answer is obvious, yet too many landlords fail to think about this when it comes time to search for a tenant. Advertisement number two will come out on top, time and time again, whereas advertisement number one will consistently attract the type of tenant looking for easy prey. Make no mistake, professional tenants exist, and they are always on the lookout for poorly constructed advertisements suggesting that the landlord a.) doesn’t know what they’re doing, b.) won’t be following through with any sort of background check, and c.) likely won’t even ask for a deposit. On the flip side, advertisement number two is exactly what these tenants try to avoid. They do not have positive references, they have poor credit and they know that you’re the type of landlord who will put them on the spot. In turn, advertisement number two will make your screening process a breeze. The tenants who respond are not concerned, because they know they are good, responsible tenants. They have good credit, they have good references, they have steady income and they take their word seriously.

Again, there will always be a handful of tenants who slip through the cracks; people can be crafty and manipulative. But handling your rental advertisement with a savvy attention to detail will serve to make your landlord business easier to handle. Pay mind to the photos you choose to advertise your unit. Hiring a professional is of course a great idea if it falls within your budget. If not, be sure to take your shots during the day, with the blinds open. Lighting is key to an attractive photograph. Centre your shots, and don’t shoot random spaces. Every shot should be highlighting a feature of the unit. Staging the space prior to photographing may take some time, but you’ll end up with much nicer shots. At the same time, don’t oversell the unit. Overselling will result in disappointment when the candidates come to check the space out. Make sure your advertisement is representative of what you’re offering, while highlighting the selling points. Be sure to list your terms and expectations clearly and concisely as to weed out the underqualified, and avoid indirect or redundant language. If taking these factors into account, you’ll start to see your ads work for you, year after year.

Advice for the Small-Scale Landlord

Typically, landlords fall into two categories: large corporate landlords, and small business residential landlords. Many of you may find yourselves in the latter of the two groups; you own a small rental property with one or only a small handful of tenants, or perhaps you rent out a basement/room in your personal residential living space. For many Canadians, working as a small business residential landlord has proven to be an incredibly lucrative investment that helps them to cover the high cost of living in most of Canada’s major cities, pay down their mortgage, and build equity for their long-term goals. However, despite many ill-informed opinions, being a small business residential landlord can be a ton of work as well as a major cause of stress. Large corporate landlords may have a bigger task on their plates, but they also have way more help, resources, and less risk; large corporate landlords have what is called “economies of scale”, meaning they have hundreds of rental spaces in a building. Point being, if one or two tenants are persistently causing issues, or not paying rent, the potential loss is minimized by the volume of tenants they are dealing with. Financial hardship is not threatened in these cases. For the small business residential landlord, on the other hand, they may only have 1 or 2 tenants. If these tenants start to cause problems, or fail to pay their rent, the risk of financial and mental hardship drastically increases.

For many small business landlords, the LTB (Landlord and Tenant Board) is not viewed as their friend. They feel the board favors the tenants, which in turn makes the landlord feel as if they have no one in their corner if things go awry.  Granted, the landlord/tenant relationship is a very complicated beast, and the LTB doesn’t have an easy task on their hands. It’s important for small landlords to understand this, and to familiarize themselves with the rules and regulations. If you are honest with yourselves, many of you have likely opted to not even contact the board in cases of issues with your tenants. This is not recommended. Yes, you may be given answers that you don’t want to hear, but without speaking with the board, your hands are tied in any case. Remember, the LTB is meant to moderate these issues. You may feel that the board is not fully seeing your perspective, and you may be right, but there have been many cases where the landlord comes out on top. At very least, by contacting the board you are a.) showing your tenant that you mean business and will not sit back while they mess you around, and b.) you are helping the LTB to collect information and adjust their rules and regulations moving forward; change doesn’t happen without persistence. In fact, the Minister of Housing has recently acknowledged that the rules for landlords need to change, otherwise the entire industry will be negatively affected as home owners will simply stop seeing the value in investment properties. So contact the board when you have issues!

More importantly, understanding how the LTB works will give you a much stronger perspective related to minimizing your risk moving forward. Things like a thorough screening process, understanding the eviction process and boosting residence retention are crucial to your success. Finding the right tenants from the get-go will make your life infinitely easier as a small business landlord, and understanding how to keep those tenants will maintain that ease of process. With that said, professional tenants often fall through the cracks. After-all, they have earned the title of “professional tenant”. But what’s possibly even more important to keep in mind, is the fact that even good tenants can take advantage of the system. Most landlords and tenants are familiar with the “pro-tenant” stance that the LTB typically takes, and even otherwise great tenants can find ways to benefit from the system. It’s not uncommon for tenants to lie about having pets, or behave absent mindedly with their rental space seeing as, hey, it’s not their property after-all, they are just renting it: guests become full-time tenants, pet’s cause smells and stains, smoke smell lingers, and wear/tear starts to cause maintenance issues. These are problems even the best of tenants brings with them into a tenant/landlord relationship.

Being a small business residential landlord can be an incredible way to pay down a mortgage, build equity and secure future wealth. But understanding the landscape you are dealing with will be crucial to your success and happiness. If you feel the LTB just isn’t giving you the help you need, you can look elsewhere: most of the rental business in Canada is created by small business people, so your community is rich. For example, there are organizations like The Ontario Landlords Association who can help you along the way, and property management companies like CMG Toronto who can drastically minimize your risk and stress level.

Landlord Challenges: Is it Right for You?

Real Estate is big business. There’s money to be made. But looking at it as a sure-fire bet, is a fast track to failure. Here’s the truth: investing in property as an income source must be treated like a full-time job. As the old saying goes: nothing worthwhile in life comes easy. In the case of real estate, this couldn’t be truer. If you want your real estate endeavor to be profitable, you must treat it like a job. Like any worthwhile job, neglecting the work will result in failure. So before jumping into real estate from an investment standpoint, you should thoroughly research and consider the challenges. For the sake of this blog, we’ll work off a list, but there really is no concrete order to these challenges.

Finding the right property is challenge number 1. Investing in a “bad” property will cost you more then you’ll make. Is it in a bad neighborhood? Good luck finding a quality tenant for top dollar. How are the property taxes? What many people fail to realize is that property taxes are not the same across the board. With that said, high property tax doesn’t automatically equate to a “bad investment”; you must ask yourself if the neighborhood will attract high-quality, long-term tenants. Going hand in hand with the neighborhood is crime rates. Rental spaces in high crime areas are almost never a good investment; what quality tenant wants to live in a high crime neighborhood? How’s the job market? High job growth typically correlates with a fantastic investment neighborhood. Are there good amenities? Gyms, schools, grocery stores and shopping malls should all be present in the neighborhood, and easily accessible.

Finding the right tenants is challenge number 2. This can be a very tricky process. Implementing a diligent screening process is crucial, and this can be time consuming not to mention headache inducing. Bad tenants will make you wish you never bought that investment property to begin with. You’ll spend all your time and energy dealing with issues, and fearing the next problem.

Keeping the good tenants is challenge number 3. Ok, so you’ve found a great property, you implemented the screening process and found a great tenant. Now your goal is to keep them around. This means regular maintenance, incentivizing renewals, implementing periodic property upgrades, being responsive and easy to reach, and much more. On this note:

Maintaining the property is challenge number 4. With maintenance comes surprise expenses and time commitment. Appliances break, general wear and tear will deteriorate the living space, and it is your legal responsibility as the landlord to handle all of this. If a furnace breaks, or a refrigerator stops working, or the hard-wood floors need replacement etc, you need to dish out the cash to fix and/or replace. Never underestimate how much this can cost you. In the case of a bad tenant who tears your space down, you may end up in the hole.

Tax planning is challenge number 5. Collecting rent creates another form of income, making your tax return a little more complicated. You do have tax write offs as a landlord, such as the interest that you pay on the mortgage as well as all expenses towards the property, but the amount that you collect in rent going towards the principle is not. Owning a single investment property won’t be too difficult to track and file when tax season arrives, but once you have multiple investment properties, things will get a little trickier.

Finding a reliable emergency contact is challenge number 6. We all need time off, and surely the day will come when you want to take a vacation. Being a landlord, you’re on call. If a tenant has an issue with their property i.e. an appliance breaks down, you need to be around to help. Not being readily available can create personal issues between you and the tenant, as well as legal issues should the tenant decide to pursue retribution on a legal ground. This means that if you’re planning a vacation, you need a reliable emergency contact on duty who can help in the case of a tenant emergency.

Being a landlord can be incredibly lucrative, as we’ve explored in past posts. But jumping into this business venture blind is a horrible idea. Despite some popular beliefs, being a landlord is a NOT a passive income. It requires time, money, aid and patience.

 

How Important are References?

As landlords, we skimp out on the incredibly important screening process all too often. This is never wise, and I’ll be the first to preach to you about just how important this process is. Skimping out will increase the likelihood of you ending up with a tenant from hell, who will give you nothing but headache, heartache, and most of all, wallet-ache. Professional debtors, as many like to refer to them, do exist, and they will squeeze you for everything they can. In fact, many landlords would argue that the board favors tenants. With the processes, and time required to successfully evict, it’s much wiser to do your due diligence right from the start.

References are quite possibly the most important aspect of the screening process; who better to provide insights on a tenant than the tenants past landlords? With that said, it’s shockingly frightening just how many landlords fail to properly follow up with the references provided by their potential tenants. Being the head of CMG Toronto, I handle a wealth of landlord properties, so I see it firsthand. In fact, this month alone we’ve had 5 tenants move out to new properties. Not one of their future landlords contacted us for a reference. This shocks me.

Your rental property is your investment, and you should protect it. A bad tenant can cause thousands of dollars in damages, and guess who will be left to pick up the bill? It won’t be the tenant. They’ll have moved on to a new property, and you’ll be left to pick up the pieces. This just may be enough for you to leave the landlord game for good, despite the potential for a strong return on investment. Bad tenant experiences are the number one reason why landlords sell their property in search of greener pastures.

So, follow up with references, and implement the entire screening process, religiously. With all of this said, I’d like to shed some honesty here: Many landlords will lie in order to get the tenant out of their space. You need to be privy to this, as a landlord with a bad tenant will likely have reached their wits end, and be willing to do whatever it takes to get the tenant out of their rental space. This can give you a false sense of security. So equally as important as following up with the references, is to know what questions to ask, and how to interpret the answers.

Some standard questions that you should include are as follows:

How long did this person live in the rental space?

When did he/she rent from you?

Did he/she consistently pay rent on time?

Did they have any pets?

Did the tenant cause any damage beyond normal wear and tear?

Was the tenant generally respectful of you and your property?

Did any other tenants issue complaints about him/her?

Did the tenant give you proper notice to end the tenancy?

Would you rent to this tenant again?

Some more open ended questions in which you should gauge the response (in these scenarios, you are fishing for any dishonesty in the initial answers):

Can you tell me an instance in which you had difficulty with the tenant?

How did the tenant handle this situation?

When the tenant failed to pay rent by the due date, did they openly communicate with you regarding why? And did they pay as soon as they were able? How quickly were they able?

What sort of wear and tear did you notice in the property?

What kind of instance can you think of in which you had a difficult time dealing with the tenant?

These are just handful of questions that you should consider asking, and really, you should get creative and ask any open ended questions that get the reference talking. The more they talk the better. If they are lying in any way, shape or form, you can find holes in their story by just letting them speak.

But it shouldn’t stop at the landlord references. You should also be calling employer references and personal references. I would argue that personal references are least important, but that’s not to say you shouldn’t follow up. You never know what sort of feedback you may get. The employer will, in all likelihood, be the least biased reference, so do not fail to contact them. In addition to providing feedback on the tenant’s character, they can provide insights into their pay scale which will give you peace of mind in knowing that the tenant does have the money to pay.

Take these tips seriously, and your “bad tenants” will be few and far between.

 

 

Building Fire Safety: Annual Inspections

At least once a year, landlords will need to have a fire inspection done in their unit or building; it’s your job as a landlord to ensure that the building and units you rent out are fitted with all of the necessary detectors, in working fashion. You’ll need both fire alarms, as well as carbon monoxide detectors. With that said, you’ll want to be careful about who you hire to do the job. Unfortunately, there are many contractors out there who like to cut corners, and this may put you in a liable spot if the mechanisms fail to function as they should.

It is the landlord’s responsibility to ensure that their rental properties comply with the law, and it is illegal for a tenant of a rental property to remove the batteries or tamper with the alarm in any way. Failure to comply with the Fire Code smoke alarm requirements may result in a $360 ticket or a fine of up to $50,000 for individuals or $100,000 for corporations. Not to mention the guilt of putting someone’s life/lives in danger.

Some Things You Need To Know

Choosing the right alarms is crucial. If choosing an alarm that is electrically powered, it is recommended that it have a battery back-up in case of power failures. You may opt for an alarm that is fully battery powered. If so, this is fine, but you’ll need to ensure that the batteries are always working. Typically, you’ll want to install a new battery once a year, or as recommended by the manufacturer.

You’ll need a smoke alarm installed on every floor if you are renting out an entire house, or building. You’ll also need the alarms to be either on the ceiling, or high on the wall, as smoke rises.

You’ll need a carbon monoxide detector on every floor as well.

The smoke alarms must be less than 10 years old.

The carbon monoxide detectors must be less than 7 years old.

You should test your smoke alarms every single month. You can do this yourself as the landlord, or you can have your tenant do it and report back, provided you can trust that they will actually perform the task.

Dust can clog your alarms, and this is something that most people don’t think about. You’ll want to vacuum your alarms annually to avoid any excessive build up that may prevent them from functioning properly.

Another massive factor as a landlord is the fact that many alarms are overly sensitive. An overly sensitive alarm may go off from simple steam coming from a shower or smoke from a toaster or oven. The issue here is that your tenant may get frustrated with this and turn the alarm off, or tamper with it; yes, this would be illegal, but realistically, the tenant would simply get a slap on the wrist and possibly a small fine. They typically aren’t too worried as a result. Your best bet as a landlord is to handle these “nuisance alarms” before they cause issues. You can try relocating the alarm, you can install a “pause button” that would allow your tenant to temporarily deactivate it, or you can replace these alarms with photo-electric types.

Alarms will need to be situated directly outside of every bedroom/sleeping area of the home/unit.

One thing to avoid: avoid plug in carbon monoxide detectors. They may be convenient, but there is a good chance that your tenant will, eventually, unplug the detector because they “needed the plug”. They will forget to plug it back in, mark my words. Not because they’re stupid, but because people are incredibly absent minded.

Whatever alarms you choose to install in your unit/building/home, don’t skimp out. Buy products that are not easily tampered with, and come from reliable brands. It may cost you a little more up front, but it will cost a lot less than dealing with any legal issues that may come your way if your rental space catches fire. Not to mention, an early detection means less damage to deal with on the off chance that your space does encounter a fire; the proper authorities will be alerted much quicker. And lastly, nobody wants to live with the guilt of having put someone’s life in danger due to a preventable catastrophe.

So do yourself and your tenants a favor: pay them a visit, and make sure the rental spaces are all fitted properly. It just might save a life, and at very least, it will give you peace of mind knowing that you’ve handled your duties as a landlord.

 

 

How to Boost Residence Retention

Finding the right tenant,or tenants, can be difficult. Let’s face it; renting out a space in the GTA is process and a half. With all of the horror stories related to “professional tenants” who don’t pay rent, trash your space and give you nothing but headache, it can be an incredible relief to find a good tenant who pays on time, and respects you and your rental space. That’s why it’s so important to hang on to those tenants when you find them. Of course, there are always extenuating circumstances that will make losing a good tenant unavoidable i.e. they are ready to buy a home, they must relocate for work etc. But the last thing you want is to lose a great tenant to another landlord. Moreover, an empty unit is as good as throwing your money down the drain. So here are some tips and tricks for boosting residence retention.

Be Responsive and Communicate

If your tenant takes the time to reach out to you, they expect a response. Ignoring them is a sure fire way to lose the tenant once the lease agreement is up. A tenant needs a landlord who will respond to their service requests and questions timely and efficiently. In the rare case that you are unable to help the tenant with their request, or unable to answer their question, it’s still imperative that you respond and explain why you can’t help. This will at very least show the tenant that you hear them, and you want to make sure they are happy.

Be Proactive with Service

It’s the landlord’s responsibility to make sure the unit is livable and functioning. There are routine maintenance tasks that must be handled on a regular basis in order to fulfill this requirement. By scheduling this routine maintenance, you: a.) show the client that you want them to be comfortable and safe, and b.) prevent a buildup of problems. By showing your tenant that their safety and comfort is paramount, you are securing a healthy landlord/tenant relationship.

Keep Residents Informed

Whether you rent out one room or an entire building, you need to keep the residents informed of what is being done in or around the property. People don’t like surprises that interrupt their routine. If a tenant comes home to find their parking space filled, or unreachable, they will be upset. Wouldn’t you? So if construction is scheduled, make sure the tenant knows. If the fire department is coming in to check the fire alarms, make sure the tenant knows. If the parking lot is having maintenance done…you see where I’m going with this.

Incentivize Renewals

Maybe your tenant/tenants just need an incentive to stay? Consider apartment upgrades and perks. Maybe your tenant really needs a new TV. $500 out of your pocket to buy them a new TV can be considered an investment. After all, losing this great tenant and ending up with a not so great tenant can end up costing you a hefty amount more, to put it lightly.

Make Submitting a Request Effortless

Embrace new technology and make the process of submitting a request a breeze. Text messages, website contact, phone calls, as well as traditional face to face requests should all be part of your system. Young millennials will want to simply send a text and have the request handled. Older crowds may want to do things the old fashioned way and give you a call, or stop by your management office to submit their request. By providing options, you satisfy both crowds. Moreover, develop a system that keeps your tenants up to date with where their service request falls in the cue: send text updates, phone calls and visits depending on the tenant’s preference.

Try to Build a Sense of Community

This should be the case regardless of the size of inhabitants in your rental space/spaces. People are social creatures, and we like to be part of a community. Communities help each other and provide a stable foundation for families and single people alike. A true sense of community will be something that your tenant or tenants don’t want to leave. Consider hosting meet and greets, holiday parties, BBQ’s, introduce your tenants to the maintenance staff, and most importantly, show an interest in your tenant’s personal life/lives. This will go a long way in keeping your space occupied with good tenants.

 

Condos for the Investor

Investors flock by the hordes whenever a new preconstruction development is announced. And in a city like Toronto, new developments are popping up everywhere. But how do you know which building and unit to invest in? With so many options, making a decision can be daunting. But if you plan to make money off of this project, you need to make smart choices. Plenty of investors end up in the hole…at the same time; plenty of investors come out on top. So what separates them?

Condos Often Suck

You have to think for a second about the condo market, pre-construction, and how it all works. Pre-condo developments are built with the investor in mind; they aren’t built with the home buyer in mind. Investors buy pre-construction condos based on plans and plans alone. And the majority of investors don’t think to involve themselves in the plans, or ask for changes and unique alterations. Developers can essentially build whatever they want, and trust me; they don’t always have a “comfortable living space” in mind. Developers are working under deadlines, with limited resources, and tight budgets. They are trying to develop the property as quickly as they can in order to fill investor orders. So really, they could give a hoot about the living space itself. Developers can change plans on a whim, add whatever they want, remove whatever they want, and the investor sits there and watches it all unfold; as the investor, you don’t care. You only care about how much money you make, and you don’t plan to live in the space. You’re likely planning to rent the space out for a period of time and then sell it, or you’re thinking to sell as soon as the building is registered, as the price points will typically increase once the building is registered. As a result of these factors, there are a wealth of horrendously awful layouts, substandard common areas, unfinished buildings and more.

So the Developer is Marketing to the Investorwho just wants to make money. But as the investor, you really should be thinking about these factors. This is where investors end up with a bad investment. A unit that was developed for the investor, not for the buyer, will not have the features, layout and livability that a buyer is looking for. Now, you’re likely looking for a tenant right off the bat in any case. Great; tenants are less picky than buyers and may just be willing to rent your space. But what about when you’re ready to really cash in on your investment and actually sell the unit? Who wants to buy a tiny, unlivable unit in a horribly managed building? Good luck finding a buyer.

Condos All Look the Same as a result of these factors as well. Builders are trying to get the project done. They aren’t thinking about the desirability of the units, and they aren’t thinking about resale value. What happens to the unit once it’s sold to the investor doesn’t matter to the builder. They’ve already made their money. So the builders have no issues pumping out unit after unit based on similar, if not the exact same, layout and floor plans. The builder doesn’t care if there are massive stone pillars in the middle of the living room, preventing you from fitting a full sized couch in the unit. They don’t care if the “den” is nothing more than a walk in closet. They don’t care if 3 bedrooms are squeezed into a 900 square foot space. They care about fulfilling their orders.

So the Big Take Home Here is This:As an investor, you should be heavily researching the builder before anything. Does this builder have a good track record? Is there a good management team on board with this project, with an equally impressive track record? Are there strong plans for common areas and parking etc.? Once you’ve decided that the project has a good team backing it, you need to be heavily involved in the floor plans. Request tweaks, additions and changes. Set your unit apart from the other units in the building. Make sure the unit has enough space to comfortably live; if it’s a 3 bedroom space, make sure 3 people can actually live in the space without wanting to kill each other. Ask for upgrades in the kitchen and bathroom, and make sure there are no obstructions or ugly cosmetic features that need changing. These details will make all the difference when it comes time to sell and cash in on your investment. You wouldn’t buy a new car without test driving it first, right? So why would you buy a new condo without knowing exactly what it is you’re getting

What’s the Deal with Tenants and Pets?

One of the most misunderstood aspects of the tenant/landlord relationship is the question of whether or not pets can be permitted in the unit. It can be surprisingly difficult to find definitive information on pet policy online or elsewhere. Everyone seems to have their own idea of what is permitted and what isn’t. Landlords will typically say pets are not permitted and lease agreements typically have a “no pets” clause. But is that clause enforceable? As a landlord, you need to know what you can and can’t enforce. If you don’t mind whether or not your tenant has a pet living in your rental unit, than you can disregard this post; good for you! That’s not to say that landlords should all allow pets. It is completely understandable why a landlord would want a “no pets” clause to be enforced. So for the rest of us, let’s look at the specifics. If you need help with managing tenants, or need a property management service, contact us.

Apartments, Single-Family Houses, Duplex/Townhouse

Most rental units fall into one of these three categories. Apartments can be small apartments, medium sized apartments, or large apartments, single-family houses can mean you are renting out the entire house or you are simply renting out a room or portion of the house, and duplex/townhouse is unique in the sense that a townhome is typically a single-family residence that is built into a row of homes, and a duplex is a property that holds two separate single-family residences. Most landlords will have a property that meets one of the descriptive criteria outlined above, and for you landlords I have some bad news: A no pet’s clause is completely unenforceable. With that said, according to the Landlord and Tenant Board website, landlords are within their rights to refuse rental of their unit to someone with a pet. Therein lays the importance of the screening process, as a proper screening process will give you the opportunity to ask the tenant whether or not they have a pet, and allow you to exercise your right to refuse signing a lease agreement with them. With that said if the tenant is crafty and manages to fool you into believing that they are “pet free” when in actuality they are not, your hands are tied. Once the lease agreement is signed, you are stuck; you cannot evict a tenant for having a pet. Even in the case that you included a “no pets” clause in the lease agreement, it doesn’t matter; the clause is void.

Condos

Condos, on the other hand, are a little different. In the condo world, everything is circumstantial. Some buildings allow pets, some buildings do not, and you as a landlord who owns a condo unit in the building have no say in the matter.  Every condominium listing has a “Pets Perm” code which indicates whether or not the building allows pets. As you can guess, “Y” means that pets are permitted, “N” means that they are not permitted, and “Restrict” means that some pets may be permitted, but it is based on restrictions. If a building operates under the “restrict” policy, that can mean many things. Most buildings have a restriction on the number of pets a tenant can keep, but the restrictions may be more specifics: some buildings have a weight limit when it comes to dogs, some buildings allow cats but not dogs, and some buildings will restrict certain breeds of dog and allow other breeds. What’s important to note, is that condo pet policy can change in a building over time. So it’s very important to keep up to date with the rules of your specific building. In a case where a building initially allowed pets but recently made a switch to “N” or “Restrict”, potential tenants may question you when they see dogs or other pets in the building. You’ll have to be aware of the buildings history, and explain to the tenant that these pets were “grandfathered in” prior to the no pet’s clause being implemented. Again, every building is different and some buildings may have pet rules that are manipulated or “worked around”, whereas other buildings may be very strict with a “no exceptions” stand point.

If you need help with property management, tenant management services, or looking into a property investment – contact CMG Toronto today. The best property management company in Toronto.

Keeping up to date with all of the current rules and regulations as set forth by the Landlord and Tenant board is extremely important. If you own a condo unit, you also need to be up to date with the buildings rules and regulations. Doing so will allow you to fully understand what you can and cannot implement, and what kind of “work arounds” may exist. If you have any questions, please do not hesitate to contact my team of professionals.

Technicalities Related to the Form N5

In a previous post, we covered evicting the dreaded tenant from hell. Yes, we’ve all heard of the tenant from hell. They persistently pay rent late, or not at all, they partake in illegal activities, they cause damage to your property. But what about a tenant who pays their rent regularly and on time, is generally caring of your property…but is loud, disruptive and partakes in generally “anti-social” behavior? Are you able to evict in this case? The short answer is “yes”, but the long answer is “not very easily”. Let’s take a look at why.

Landlords and tenants are bound under the rules outlined in the Ontario Residentail Tenancies Act (RTA).Under the act, you are able to terminate a tenancy for substantial interference with “reasonable enjoyment of the premises by the landlord or another tenant”. This would cover noise, constant shouting, loud music or TVs, loud pets, stinky pets, name calling, offensive conduct, and countless other behaviors that may substantially interfere with the “reasonable enjoyment of the premises by other tenants or the landlord”. The RTA labels behaviors such as this a substantial leg to stand on for terminating the tenancy. If the landlord wishes to exercise his or her rights to evict due to any of these reasons, they will need to serve the tenant a Notice of Termination in Form N5. The N5 form can be filled out or downloaded here.

The form is a mere 3 pages long, with a few boxes to tick off, as well as a tiny box in which you are to describe the details of the allegations. At first glance, it seems very simple, and it gives the impression that not much is needed. Therein lays the issue, as the form actually contains a handful of specifics that can cause your application to be immediately dismissed. You need to get it right the first time to avoid a drawn out eviction process; getting it “wrong” the first time would result in you having to start the process all over again, from scratch.

The most important aspect to get right is on page 2 under the section entitled “Details About the Reasons for this Notice”. The key to getting this right is to address the legal requirements of the “details” that you intent to provide. These legal requirements are the cause of many N5 forms being immediately dismissed; when this happens, you lose the $170 application fee along with the time and effort you’ve put into the process. At this stage, you’ll have to start over.

The RTA says that the “details” section of the N5 shall “set out the grounds for termination”. This is incredibly vague, and as a result, the Ontario Divisional Court has explained what the “details” must contain in order for the N5 form to be valid. The decision of the court is responsible for countless N5 dismissals. In that tiny 6 grid box on page two of the N5 form, you are to describethe who, what, where, why, when and how of the case. Ok, so what does that mean? To understand, you must first understand how an N5 Notice of Termination works. First of all, an N5 is a voidable notice. This means that a tenant can “void” the notice upon receiving it, simply by changing their behavior or paying for the damage caused. Consequently, the Court has stated that a landlord must provide “clear and unequivocal details about the alleged misbehavior”. Therein lies the who, what, where, why, when and how. The Court deems this as necessary for the tenant to have a complete opportunity to understand the behaviors that they are expected to stop or change in order to void the N5. If the allegations are vague, the tenant can’t reasonably know what is expected of them, and won’t be able to exercise their legal right to void the N5. Therefore, the Court has held that knowing exactly what conduct is being viewed as misbehavior is a mandatory aspect of the N5. Accordingly, a vague details section will void your form. At this stage, your application to the Ontario Landlord and Tenant Board will be immediately dismissed, and you’ll be hard pressed to get an order against the tenant.

Understanding this section of the N5 is an absolutely crucial aspect of the eviction process in relation to the aforementioned issues. Landlords would be wise to hire a professional management company, like CMG Toronto as to avoid making common mistakes that will result in a long and frustrating eviction process. We are the top Toronto property management company.