samedi 18 janvier 2014

Rules For Your Rental Property

By Tomas Makisak


Most landlords already know how essential it is to visit rental property every so often. Even if you've screened your tenants thoroughly, regular visits help to ensure the unit is being properly maintained. It's also a good way to make sure you don't end up with a destroyed home due to a marijuana grow op.

Unless you live right next door, and can keep a constant eye out, you'll need to make arrangements to visit the property. You can do a drive-by whenever you want, but how often can you actually go inside and inspect the premises?

That's a sticky issue.

Laws are on the books that designate when you can visit your rental property. For example, BC has a law that states: "A tenant is entitled to exclusive possession of a rental unit, including reasonable privacy, and quiet and peaceful enjoyment."

If landlords don't follow the proper procedures before visiting the rental unit, they could end up in a bad situation with the law. Indicate on your rental agreement that you will be inspecting the unit periodically. The maximum amount you can inspect your property in BC is once a month.

Landlords in BC are able to enter their tenant's unit when:

There is an emergency and entry is needed to protect life or property. Basically, this refers to a situation that requires immediate action in order to prevent further damages.

Written notice is given to the tenant not less than 24 hours, and not more than 30 days before.

Permission is given by the tenant. If it's not an emergency, you should provide written notice to the tenant and to record the circumstances that required you to enter the unit. In a case where a landlord simply shows up and asks to enter the unit, the tenants can say later that the only let the landlord in because they felt intimidated.

If the landlord has agreed to provide housekeeping or other services in the tenancy agreement and entry is required to perform the service.

The rental appears to be vacated by the tenant. This would be situations like no appearance of occupancy on the unit, or if the rent has not been paid.

Entry has been allowed by an arbitrator who has provided an order.

If a landlord enters a property too frequently, even if it's for what is considered a "reasonable purpose", the tenants may not consider it to be reasonable. In the province of BC, landlords are restricted to entering their rental properties only one time every month.

If the landlord works around the schedule of the tenant to arrange for visitation times, the process goes much more smoothly.

When looking to minimize any issues when doing inspections, landlords should:

Provide at least the legally required notice to tenants before property inspection.

Make sure you have a valid reason for visiting, such as, repairs or regular inspections.

Log the visitations in a notebook with the reason for visiting, and the date and time.

Go over the inspection expectations with the tenants right away, before they even move in. They should be aware that inspections will be done on a regular basis.

Your tenants will understand better when you submit your written request for an inspection at a later date. When you have done proper inspections on your home, you will be able to avoid some serious problems in the future, including illegal activities.




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