How to Deal with Problem Tenants

• Are you unsure if you are responsible for a specific repair or what to do about a tenant that calls to complain about something every week? Landlords are legally required to provide a safe and habitable rental unit. A landlord is not, however, required to respond to excessive and unreasonable repair requests.
• If you find damage to your rental unit after a tenant has moved out, you may have a right to withhold part or all of the security deposit you collected. Do you know which types of damages qualify? The terms of the lease and laws of the province can dictate how a request for return of the deposit must be made, the obligations of a landlord if they are not going to return all or part of the deposit, the deadlines of the parties, and what deductions can be made to cover repairs or monies owed. Also, each province has different laws that dictate how you have to communicate your intention to use security deposit funds to repair the damage.
• When you become aware that a tenant may be damaging your property, you may need to investigate the situation before you can determine the appropriate response. Did the tenant actually damage something or was it just loud noise coming from the property? Do they plan to fix the damage or do you need to pursue eviction? You may not be able to answer these questions without speaking to the tenant or entering the property and documenting the situation through pictures and video. Before you enter the property, it may be worthwhile to speak with a lawyer to make sure you don’t violate a tenant’s rights.

What is the best way to handle a tenant that is allowing a friend to live in the property for an extended period of time? What should you do if a tenant formally subleases your rental unit in violation of your lease? Do you have to handle a pet problem differently if your lease expressly prohibits pets versus working under a lease that does not mention pets? 

Whether you need to terminate the lease with your original tenant, call the cops or start a formal eviction process depends on the specific circumstances. While the laws are different in every province, guests may be considered permanent tenants if they have been staying in the property for more than a few weeks with no intention of leaving. Having keys to access the unit may be another factor courts consider. 

The lease should address these issues. Also, be prepared to take the proper steps to handle the situation. Document the facts and then contact a lawyer if needed to help you determine the legal status of the guest. From there, a Provider lawyer can recommend the appropriate course of action to minimize financial damage and resolve the situation as quickly as possible.