What are the Responsibilities of my Tenant?

Communication – an important factor in any relationship. Expressing your requirements and expectations as a landlord is the only way to set the base for a successful tenancy. To do this, you first need to understand what you can legally enforce. The unfortunate truth is that an overwhelming percentage of small business landlords and tenants alike have very little idea of what responsibilities land on the tenant’s shoulders, and what responsibilities land on the landlord’s shoulders. This lack of knowledge often leads to confrontations, built up resentment, fights, and ultimately – legal battles. Before allowing your relationship with your tenant to go down this path, familiarize yourself with what you can legally expect of your tenant.

Time is Money; Don’t Wait for Yours

The first and most obvious point: your tenant must pay their rent, in full, on time. Well duh, right? The issue is that people don’t like paying for things that they already have. With something like rent, many tenants will put it in the back of their minds, and pay late. Not necessarily because they’re trying to get away with not paying, but because they aren’t receiving any immediate satisfaction of now possessing something new upon paying; they already live in the space, it’s their home. Of course, they understand that failing to pay rent will inevitably lead to their eviction, but they also know that paying late will likely get them a slap on the wrist at worst. So, it’s quite common that a tenant habitually “forgets” to pay rent by the due date. As a landlord, it would be wise to nip this behaviour in the bud. Speaking with the tenant about the importance of paying on time, and sending written notices when the tenant fails to do so are very important ways of getting the point across. If the tenant is consistently late, you should be contacting the Landlord and Tenant Board (LTB). Now, it’s no secret that the LTB highly favors tenants, so you’ll need to gather evidence. The best evidence in such cases is a collection of N4 notices of termination; if payment is not made on the day it’s due, serve the tenant with a Notice of Termination for non-payment of rent the very next day – do not delay. In the case that the problem continues, you can serve the tenant with not only an N4, but an N8; a notice of termination for consistently paying late. With any luck, the tenant will get the message long before it reaches this boiling point, as the process of eviction can be lengthy and tedious for a landlord, with no promise of receiving past due amounts.

They Break it? They Pay for It!

Last week, we looked at who is responsible for repairs? Unfortunately, most repairs are the responsibility of the landlord. With that said, the tenant is directly responsible for any damage that they directly caused i.e. if the tenant throws a party and a window breaks due to irresponsible behaviour, the landlord can absolutely hold the tenant accountable. With that said, any damage caused by regular wear and tear is the responsibility of the landlord.

Keeping the Home Clean and Liveable

Your tenant is responsible for regular maintenance of the living space i.e. cleaning and uptake. Now, the issue here is that everyone has a different idea of what “clean” is. There are unfortunately no clear-cut criteria outlining what exactly a “clean living space” is. So, this much is open to interpretation. If your tenant is trashing the place, collect evidence like pictures and documented notices, and contact the LTB.

Hey, Keep it Down!

Again, this is a bit of a grey area. What exactly is “reasonably quiet”? Different people will give you different answers. But if the tenant is consistently disturbing other people who live in the building or house, you should be able to collect evidence to state your case. Your best bet is to document complaints from other tenants regarding the noise, or document the noise itself in the case that you live in the same space as your tenant.  Don’t forget to leverage your lease agreement when dealing with the LTB or the tenants themselves.

Break the Law? Not in My Space

The law is the law, plain and simple. Criminal activity in the rental space (or anywhere else for that matter) is a big “no, no” and you should be prepared to act. If your tenant is breaking the law, the solution is simple: contact the authorities.

These are the main responsibilities of your tenant. Know them, communicate them to your tenants, and always outline your expectations clearly and concisely in the lease agreement.