While we discuss a lot about a tenant's rights and how to protect them, there is another side to the transaction. A landlord.
Landlords may appear to have little if any, rights. Certain landlord-tenant policies, on the other hand, safeguard a landlord's rights.
However, the statute, while pro-tenant, also mentions landlord rights protection. Several amendments to new legislation favouring landlords have recently occurred. Whether you're a first-time landlord or a seasoned tenant.
In this post, we will go over some of these rights and how they safeguard your interests as a landlord. There are rights under Canadian rental regulations that protect a landlord's interests as well.
Here's what you should know about the fundamental rights of landlords under Canadian Law:
What Are My Landlord Rights?
Landlords have rights, even if they appear to be the bare minimum at times. Let us go through some of these rights in more detail.
The Authority To Instruct A Renter On How To Keep The Residence Clean
As a landlord, you have the authority to ensure that your rented unit is clean. A landlord has the right to ask renters to collect rubbish on a regular basis, clean pet waste, and keep unsanitary conditions from attracting bugs and vermin. This is why a cleaning provision in the rental agreement is a smart idea.
Of course, it is not a landlord's responsibility to specify how frequently the carpets should be vacuumed or the bathtub cleaned. You do, however, have the authority to order a renter to keep the residence hygienic.
Rights When A Renter Destroys Property
You have the right as a landlord to check the property if you fear a renter is ruining it. Of course, you must provide adequate notice in accordance with state legislation. You can document and photograph the evidence during a comprehensive check. You can then decide on the best course of action.
Property destruction is a lease agreement violation. As a result, you have the legal authority to initiate an eviction proceeding. This entails writing a "fix or quit" notice to the delinquent renter.
You can file for eviction if the renter has not remedied the damage within a reasonable length of time. You have the authority to keep a portion of the security deposit after the renter vacates the property to pay for repairs.
The Right To Screen Renters
Before signing lease agreements with possible tenants, the landlord maintains the right to background check them. During the screening process, the landlord validates the character of the potential renter. Then, they determine if they will sign the leasing agreement.
However, it is not acceptable to base a judgment on any discriminating criterion. As a result, it's critical to understand what the Fair Housing Act states against discriminating against any renter seeking housing.
Landlords have the authority to evaluate potential renters using the following criteria:
A personal interview or meeting to determine the eligibility of the potential renter.
Verify their identification.
Examine their credit record and score.
Request recommendations from former landlords and jobs.
Check to see if they have a criminal past. However, state laws may make this check illegal.
The Right To Collect Rent And Security Payments
The landlord has the authority to determine the monthly rate and security deposit. State rules, however, may restrict the amount of security deposit you may charge.
When signing the rental agreement, the renter must pay the security deposit and one month's rent in advance. In this scenario, rent refers to all of the costs listed in the lease agreement. These expenses include utility bills (if specified), property taxes, and pet fees.
According to state legislation, landlords have the authority to seek a security deposit. This money serves as a form of insurance against damage or nonpayment of rent. The security deposit can be used by the landlord to cover the expense of repairing damage caused by a renter.
But at the end of the lease agreement, the landlord is normally required to restore the security deposit to the tenant.
The Right To Dismiss Tenants For Contract Breaches
While enjoying their property, tenants have some duties to their landlords. Among them are:
Rent payment obligation: Rent refers to all types of payment mentioned in the lease agreement in this context. As a result, the renter is compelled to pay these costs. Nonpayment of rent is a contract breach.
Not modifying the structure of the property: The renter can only make changes to the property if the lease agreement authorizes it. For example, if the lease allows them, they may repaint walls and install bookcases. However, increasing the size of a room by removing walls or other structural changes is not permitted. A renter must also not do any damage to the property.
Illegal activities: A renter may not misuse the property for illegal purposes.
Landlords have the power to deliver an eviction notice to "fix or quit" if any of these regulations are broken or not followed.
Assume a renter fails to pay his or her rent. In that instance, the landlord has the authority to initiate the eviction procedure.
This would include testifying to a judge that the renter is in breach of the lease agreement. In case the renter fails to pay the rent in full by the due date, they might well be evicted.
The Right To Access The Property
Even after renting out their homes, landlords have access to it. The essential element in this is that they must give the renters advance notice before arriving. Most states in Canada, including Ontario, need a 24-hour notice, with others requiring even more. If the landlord violates this condition, the renters may claim for invasion of privacy.
However, in an emergency, the landlord may enter without warning to protect his property from loss.
The Right To Conduct A "Moving-Out" Inspection
When a tenant tells the landlord of their decision to leave the property, the landlord has the right to inspect the premises. When they get the warning, they can check the property for any damage that is more than "wear and tear."
Regular "wear and tear" refers to little damage to the property caused by normal use. It does not, however, cover catastrophic damage to the property, furniture, or furnishings. There is a distinction to be made between surface scratches on a doorframe and a huge hole in drywall, for example.
Landlord-tenant laws and regulations in Canada do, in fact, benefit tenants. However, landlords have certain rights to collect rent on time, conduct regular inspections, and dismiss a tenant for a contract breach.