13: Managing Properties in VS .NET

Creation PDF417 in VS .NET 13: Managing Properties
13: Managing Properties
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Renting and repenting
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Wendy, a busy young professional, bought a house for investment purposes Her advertisement for tenants was pretty standard no smokers, no pets, and no more than two children Several people contacted her One couple, who seemed very nice and friendly when she showed them the apartment, had two young children but didn t mention any pets Because the interview had gone so well, and Wendy had entered a busy period at work, she bypassed the reference check she would otherwise have done Everything seemed on the level No complaints or apparent problems arose during the first five months of the tenancy But the cheque for the sixth month s rent bounced Wendy drove over to the house one evening to see the tenants and, she hoped, resolve the issue Wendy discovered three dogs outside two pit bulls, and a young Rottweiler On the verandah, her tenants were smoking and surrounded by four children The renters, it turned out, had been living common law and had a blended family; the other two children had been visiting their grandparents at the time of the initial meeting with Wendy Wendy opted not to surprise the pleasant domestic scene, and instead called her tenants They gave her several excuses for the bounced cheque, some of which even seemed legitimate A replacement cheque was in the mail, they promised But things rapidly went downhill For the next several months the rent was either late or the cheque bounced Finally, Wendy went to a lawyer for advice and to her province s landlord tenant relations office Four months and thousands in legal fees later, the tenants were evicted The house was a mess, requiring maintenance far in excess of the damage deposit she had collected Wendy s lawyer advised that it would be prohibitively expensive to try to collect the outstanding debt for rent from her former tenants, leaving her with little recourse but to swallow her losses For her next tenants, Wendy made a point of checking lease applicants references thoroughly, and the successful tenants signed a tenancy agreement prepared by her lawyer The lease agreement clearly stated her policies and limited how many full-time residents could occupy the suite The agreement stated that any breach of the agreement conditions would be grounds for eviction, subject to the provisions of provincial tenancy legislation
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A property owner has discretion regarding the choice of tenant An owner does not have to give reasons for declining to rent to a particular tenant; doing so is, in fact, unadvised This prevents an unreasonable person, or someone with a negative attitude, from making your life miserable simply because you didn t lease a unit to him Accepting a tenant is ultimately a judgment call on your part, and no matter how much research you do, surprises are always possible When unpleasant surprises happen, act promptly and professionally to address the issue (we discuss resolving complaints elsewhere in this chapter) When positive surprises happen, celebrate!
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Part IV: Building Value: Managing Your Investment and Seeing a Return
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Fostering Good Relations and Responsible Tenants
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To help you prevent bad feelings on the part of your tenants, and to resolve matters when they do, in this section we take a moment to discuss the various rights and responsibilities inherent in the landlord tenant relationship Provincial, not federal, laws govern landlord tenant relations Most provinces and territories have some form of tenancy act Regardless of what we say, it pays to familiarize yourself with provisions of the legislation in your province or territory The Canada Mortgage and Housing Corp offers information on renting a home at wwwcmhcca/en/co/reho/indexcfm In addition, municipalities may have specific bylaws regarding rental accommodation
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Understanding tenant rights
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Generally speaking, Canadian legislation works to protect tenants rights by defining the landlord s obligations but, of course, the landlord tenant relationship is to some degree reciprocal A landlord has a right to collect rent from a tenant, for example, but not until the tenant has received a signed copy of the lease agreement Providing the lease agreement is the landlord s responsibility Some of the basic items defined in legislation include the following: Right to know: A tenant has a right to know the name of the landlord who owns and operates the rental property, how to communicate with the landlord, and so forth Right of refusal: A landlord has the right to limit or refuse subletting or assignment of a rental suite Usually subletting terms are included in the rental agreement Right to privacy: Tenants have the right to quiet enjoyment of their premises, or at least 24 hours notice prior to entry of the landlord for whatever reason Depending on the landlord tenant relationship, a shorter period of notice is possible, particularly in emergency situations
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