RTB Hearings?
RTB Hearings?
Recently at an event I was asked if we do dispute hearings? I said we have only attended one RTB hearing in the time Cartref Properties has been operating. They were surprised to hear that. We advised we do our due diligence in tenant screening and keep open communication during the tenancy to ensure positive experiences for our clients and tenants.
When we are speaking with potential clients we are asked about attending hearings at the RTB. Although a property manager can represent a landlord in the hearing, we advise potential new clients it is our goal to provide a positive experience for the landlord which results in the tenancy not ending up in the RTB.
How do we provide a positive experience in a tenancy?.
The first step is to perform proper due diligence on potential applicants for the property. We often say to our clients we have a long process for screening tenants. The tenant selection process should never be rushed. I am always surprised when a potential tenant views a property on the weekend and says they looked at a property that morning and when we follow up the next day they say they were approved for the unit they saw before ours. That tells me the landlord has not performed proper due diligence during the tenant selection process. During the selection process it is important to be forthcoming with tenants regarding the proess and how it happens.
After the tenants have been selected we move the tenants into the property and provide the documentation they are required to have. I have heard many tenants indicate to me they were never provided with a copy of the move in inspection form when they moved into the last property they rented. Many even say the landlord never performed the move in inspection at all. Failing to perform a move in inspections starts the tenancy in a negative situation. The RTB looks at the move condition inspection report to determine if damage has occurred during the tenancy. Explaining clearly to tents the expectations and requirements during a tenancy helps to ensure a positive outcome.
During the tenancy we perform regular inspections, which any quality tenant will have no issue with. If a tenant is not interested in this it is a red flag they will be doing something illegal or against the agreement. We keep an open line of communication responding to issues in a timely manner to reflect the urgency to which they are. An inquiry of a light fixture not working does not need the same attention as a flood or appliance not working properly.
If there are repairs tht are the landlord’s responsibility, we ensure they are completed in a timely manner.
At the end of the tenancy we communicate clearly the expectations of the tenant when vacating the property. Again we perform the move out inspection with the original report from the move in, which some landlords fail to realize is required. We are clear about the damage and costs that are potentially needed for the end of the tenancy. If there is no damage and the tenant is entitled to their refund then the funds are returned within the time frame required. Failing to return the funds as required can result in the tenant being entitled to twice the amount of the deposit. If there is a disagreement between the two parties at the end of the tenancy then the landlord must file a claim with the RTB within that 15 days to request a hearing to keep the funds disputed.
It is important to note that landlords are not permitted to keep deposit funds unless the tenant has agreed to it or they have an order from the RTB granting them permission to the funds. Many landlords just keep a portion of the deposit amount they want and return the remainder of the funds, this is an incorrect process.
During the tenancy we are clear to inform our clients of their responsibilities during the tenancy as well. Many landlords have a miss understanding of what they are responsible for repairing or maintaining during the tenancy.
Clear and open communication is important for both parties to understand their role and responsibilities during a tenancy. This is how we have positive experiences with our tenants and our landlords and try to avoid the RTB.
If you end up in the RTB it is often a misunderstanding between the two parties desires more than anything else.
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