Is the Landlord required to change the locks before a new tenant moves in?

When completing the condition inspection report at the move-in there is a section of the report for identifying how many keys were provided to the new tenants. At the end of the tenancy the tenant is required to return the same number of keys when moving out. What you as a Landlord are unaware of is did they make any more keys while they lived there and if so how many and who has a key to the property. Most tenants will return additional keys they have made during the tenancy since they no longer require them. 

Protecting your property and future tenants is important so when a new tenant occupies your rental unit changing the locks should be a regular routine. Section 25 of the residential tenancy act states the Landlord must re key or alter the access given to previous tenants. What this means is if a tenant requests the locks be re keyed or changed you are obligated to meet this request. I have found it best to perform this task while completing the move in inspection. If the locksmith is at the property changing locks while completing the move in inspection the tenant will be fully aware the keys are new and nobody else has any access to the unit. Most locks can be re keyed by a locksmith without removing the door knobs. There is a cost associated with re keying locks but failing to perform this could result in increased costs if the tenant changes the locks on their own or if a previous tenant tries to access the rental unit. 

Other options are available today with non key locks allowing Landlords to change access to the unit without the need of a locksmith or changing the lock. Landlords could install a keypad lock and change the code each time a new tenant moves into the property. These locks are initially more expensive but may be more cost effective over the long run if your unit is a permanent rental. The downside to these locks is the tenant could change the code after they move in leaving the Landlord without access to the unit. If your rental unit is within a strata you may need permission from council to change the door lock as many strata’s have bylaws requiring the locks all look similar in style and colour.      

Protect your property and your tenants rights by changing the locks when a tenant moves into your property. 

Renting your strata lot can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com

Rekeying locks for new tenants

25   (1) At the request of a tenant at the start of a new tenancy, the landlord must

(a) rekey or otherwise alter the locks so that keys or other means of access given to the previous tenant do not give access to the rental unit, and

(b) pay all costs associated with the changes under paragraph (a).

(2) If the landlord already complied with subsection (1) (a) and (b) at the end of the previous tenancy, the landlord need not do so again.

Why do I need to repair my ceiling when the unit above me leaks?

Water damage in a strata lot is a very confusing process for owners to understand.  

Section 68 of the Strata Property Act describes the boundaries of a strata lot. Strata Corporations are responsible for repairing “common and limited common property”. Inside a strata lot isn’t common property and therefore is an owner's responsibility to repair and maintain. Strata Corporations must ensure common property and the original fixtures of the strata lot, ensuring and repairing are different.   

As a Landlord what does this mean when water leaks from outside your strata lot causing damage inside your unit. Where the water originated from is irrelevant owners are responsible to repair damage to their own strata lot. Having insurance for your strata lot is imperative in these situations. 

When a leak or stain appears on your ceiling you should do two things, first call your insurance provider to advise them of potential damage to your unit. If water isn’t pouring through the ceiling it is most likely a leak or spill from another unit or area in the building. 

The ceiling belongs to you, so the second thing an owner should do is arrange for a contractor, possibly a plumber to investigate what is causing the damage. This cost will be  an owner expense since you are the owner of the damaged ceiling.

After the plumber has identified where the water originated from, then you can determine who is required to repair your ceiling. Strata Corporations are responsible for common property repairs only. Section 68 describes the strata lot boundary as being midway  between the two walls. What this means is you and the owner above you own half of the space between the walls. The common property between the two units for Strata Corporations to repair are structural beams, pipes, cables, wires, etc as described in the Strata Property Act. If the water originated from the unit above and not from a common property pipe the Strata Corporation is not responsible for the repair. 

When a leak originates from a common property pipe in the wall or ceiling a Strata Corporations responsibility stops at repairing the leaking pipe, they aren’t responsible for repairing your damaged ceilings or walls. If the unit above is the cause of the leak, you and your insurance provider should communicate with the other strata lot owner and their insurance provider to resolve the issue.      

Having proper insurance for your rental property is imperative for these situations. When you rent your strata lot there should be three insurance policies on the property. One is the Strata Corporations insurance which covers common property, the home owners insurance which would cover the strata lot and situations as described above, finally the tenant should have insurance to protect themselves while renting. Each insurance will provide different coverage for the policyholder.   

Renting your strata lot can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com

Strata lot boundaries

68   (1)Unless otherwise shown on the strata plan, if a strata lot is separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is midway between the surface of the structural portion of the wall, floor or ceiling that faces the strata lot and the surface of the structural portion of the wall, floor or ceiling that faces the other strata lot, the common property or the other parcel of land.

(2)If a strata lot is not separated from another strata lot, the common property or another parcel of land by a wall, floor or ceiling, the boundary of the strata lot is as shown on the strata plan.

(3)A boundary shown on the strata plan must be shown in a manner approved by the registrar.

(4)Despite subsections (1) to (3), but subject to the regulations, in the case of a bare land strata plan, the boundaries must be shown on the strata plan

(a)by reference to survey markers, and

(b)in compliance with rules, if any, made under section 75 of the Land Surveyors Act for the purposes of this section.

It’s hard to find good tenants

Owners often comment on how hard it is to find good tenants. Why is this? I have rented many properties to wonderful people who are great tenants. The tenant selection process is  possibly the most important part of being a Landlord. Landlords who rush through this process and don’t look closely at the details, often find them self with tenants down the road who aren’t a positive experience. Another very important aspect of being a Landlord is when tenants vacate your property. 

Even with all your due diligence people slip through the cracks.The question is, what can Landlords do to help prevent these situations? Often I hear Landlords explain stories of tenants who have vacated their property leaving items behind, or damaged the unit. At this time I ask what actions they have taken and the landlord is confused. 

When a tenant vacates your property it’s important to perform the move out process correctly to assist in preventing future issues. During the move out process tenants are required to provide a forwarding address inorder to receive their damage deposit back. When tenants fail to provide a forwarding address, Landlords must hold onto the damage deposit for one year. If the tenant hasn’t provided their address within this time frame, then a Landlord may keep the damage deposit.   

When tenants vacate with or without providing a forwarding address the Landlord’s should follow the process to recoup the cost incurred by tenants leaving items behind or causing damage to the property. A move out inspection should be performed, even when tenants fail to attend. This is important to show the Residential Tenancy branch you followed procedure and what the condition of the property was when they vacated.  

After your tenants have vacated Landlords have an obligation to other Landlords to take appropriate actions in claiming damages. Why? If a Landlord files a claim for damages with the Residential Tenancy Branch and is granted a monetary order, a Landlord can then proceed to have the claim applied to the tenants credit history, and send them to collections to recoup the costs. Landlords often say this is time consuming and I don’t want to make that effort. Here lies the issue. If a Landlord doesn’t follow proper process tenants will continue to rent properties leaving them in poor condition. If Landlord’s took the time to pursue negative renters, tenants would find themselves unable to rent properties as previous actions would be reflected on credit searches, providing future Landlord’s which could be you, the ability to make more informed decisions. If you had information that identified a tenant with a debt owing to a previous Landlord, you would have made a different decision about renting to the applicant. 

Landlords can help each other by following through on tracking down bad tenants. The Limitation Act in BC allows two years to start a legal proceeding to claim a debt. This allows the owner two years to file a claim with the RTB and then CRT small claims court to enforce a monetary order and seek compensation for the damages. 

The move out process is complicated, If you need assistance managing your rental property Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

How much is your move in Fee?

There are many costs Landlords incur when renting their property. The Residential Tenancy Regulations outline prohibited fees, refundable fees and non-refundable fees owners and tenants may encounter. 

Section five of the Regulations identifies prohibited fees which includes guest fees, replacement of keys or devices if the landlord changed the keys. Section 6 identifies refundable fees which includes keys or devices which are not the sole access to the property and can only be the direct cost of replacement. Section 7 identifies non-refundable fees permitted which includes direct costs for replacing keys, or additional keys, service fee charges for returned payments, and move in or move out fees.  

Item(e) Move in or Move out Fees charged by Strata Corporations are fee’s Landlords are permitted to charge tenants when renting property in a Strata Corporation. All Strata Corporations will have a move in and out process outlined in their bylaws or rules. The bylaw or rule will identify a fee which is charged to owners when a move in or out occurs. Some Strata Corporations may only have a move in fee and no move out fee. Landlords should be familiar with the bylaw or rule and identify the amount of the move in fee and communicate this to potential renters when applying to rent as a cost the tenants will be required to pay. Landlords can collect the fee from the tenants and pay the strata directly or have tenants pay the Strata Corporation directly themselves. Cartref Properties recommends collecting the fee from the tenants and paying the strata directly ensuring the fee is paid. 

Check your bylaws and see what your move in and out fees are before renting your property.

If you need assistance managing your rental property Cartref Properties can assist you, call today to discuss your needs. You can find more information about us at: www.cartrefproperties.com

The Residential Tenancy Branch Favours Tenants

Landlords often comment the Residential Tenancy branch favours Tenants. My experience has been when both parties follow the rules and process the Residential Tenancy branch is fair to both parties. 

Common mistakes made by landlords include accessing a rental unit without proper notice, raising rents without proper notice or changing locks when tenants fail to pay rent without following the required process for eviction.  It was reported recently a Landlord removed a tenants doors and windows due to non payment of rent, resulting in some of the tenants possessions being stolen. When landlords take these kinds of actions it causes governments to look at creating processes and laws to protect tenants rights.

It’s important for landlords to understand their rights and obligations as Landlords before they take action against their tenant. Failing to comply with the Residential Tenancy Act can result in a decision which prevents a landlord from obtaining an eviction, or requires compensation to the tenants. When a landlord follows the Residential Tenancy Act and procedures the decisions will be fair to both parties. 

The Residential Tenancy Branch doesn’t like to make decisions that put people out of their home (when tenants rent your property it becomes their home) without valid reasons. During these difficult times it is more important owners make sure they are performing all aspects of rental management properly with their tenants. 

If you need assistance managing your rental property Cartref Properties can assist you, please give us a call. 

Looking for Property Management you can find more information about us at: www.cartrefproperties.com