Advice from fellow BC landlords

Walk Softly

Member
Sep 13, 2005
711
2
18
Victoria area
Oct 31, 2014
121
3
18
Freedonia
Lease the Apartment. The rules are completely different. You are guaranteed payment for the term of the lease, you can even sell the lease agreement to a third party. The tenant must leave at the end of the lease term. You may bill the tenant if damage prevents you from leasing to a new tenant.

CMHC has a .pdf on their site: http://www.cmhc.ca/ourhome/pdfs/English/R8.pdf
This could not be more wrong. It's a good illustration of how bad an idea it is to seek free legal Advice from a bunch of anonymous pooners.

Here is an actual useful website: www.tenantsbc.Ca
 
Oct 31, 2014
121
3
18
Freedonia
It begs the question why it's provincial and not federal...

With this government and especially our new minister of justice landlords are totally screwed.

Might as well turn our investments into social housing.
Canada's constitution divides responsibility for lawmaking based on subject matter. Laws about property in a province are the province's responsibility.
 

randylahey

Member
Jan 18, 2006
31
2
8
I'm not a lawyer but I spent several years working a related field. I'm very familiar with the residential tenancy act and was involved dozens of tenancy disputes and evictions.

With all due respect, the advice about leases providing more rights to homeowners is plain wrong. When it comes to evicting someone from a residence, the rules are rooted in common law, not the RTA. If someone has given you money in exchange for staying in your residential property, and if that person doesn't want to leave, it's the same long and costly process to get them out whether they're a tenant, a lessee, a roommate or otherwise. And the courts look very unfavourably on owners who try to skirt those rules.

Sure, a lease says you're entitled to the remainder of the lease if the lessee breaks the contract, but if you think you're going to sue that out of a deadbeat you're mistaken, and you're going to waste a lot of time and money finding that out.

You have to look at being a landlord as a job. It takes a tremendous amount of diligence and ongoing work, and even then odds are you'll get a bad tenant sooner or later. When that happens, if you've played by the rules of the RTA and have the documentation to prove it, you can get a bad tenant out within 60 days, but it may cost you some time and money to do so. Sure, that sucks... but a good landlord comes across that once or twice in a career and it's a cost of doing business. There are shitty people in the world and we all get fucked over by one of them sooner or later.

Of the dozens of tenancy disputes and evictions I was involved with, exactly two were good, diligent landlords. The rest were bad landlords, and many of them got hit again and again.

A good landlord checks and re-checks refs - previous landlords, work, and personal references. Then they do diligence to make sure those references are real. They make sure they have good relationships with their tenants. They visit the residence regularly, keep up on maintenance, and respond quickly to problems reported by tenants. A good landlord maintains the home in the same condition she would if she were living there. A good landlord looks at their tenant as a business partner, and they know that good relationships are important in business. They know a good tenant when they find one, and do whatever they can to keep them.

Bad landlords do none of those things. They do shoddy reference checks, they don't visit the residence, they let maintenance slide, they don't respond promptly to tenant problems or complaints, they don't keep good records, they do shoddy repair work instead of hiring a professional. They think their job is done when they find a tenant and the rest is just collecting checks. They're like any bad business person, not willing to put in the work to be successful, and then when something inevitably goes south they act the victim. All the bad landlords had this in common; they saw tenants as enemies and they felt victimized by them, victimized by the RTA, victimized by the courts, the sheriffs, etc. etc. And like everyone with a victim mentality, they are somehow never able to accept responsibility for their own actions, or inaction.

OP, I'm not saying that's you... my point is just that being a landlord is hard work, and you have to treat it as such. If you can't see it as a job and craft, get out of the game, or hire a property management company. Just be careful if you do - there are good and bad property management companies. The good ones are worth every penny, the bad ones will bleed both you and the tenant and provide no service in return, and when they inevitably put a bad tenant in your suite, you'll be left holding the bag.
 

poonmiester

A Very Long Time Member
Jul 11, 2005
905
22
28
I'm not a lawyer but I spent several years working a related field. I'm very familiar with the residential tenancy act and was involved dozens of tenancy disputes and evictions.

With all due respect, the advice about leases providing more rights to homeowners is plain wrong. When it comes to evicting someone from a residence, the rules are rooted in common law, not the RTA. If someone has given you money in exchange for staying in your residential property, and if that person doesn't want to leave, it's the same long and costly process to get them out whether they're a tenant, a lessee, a roommate or otherwise. And the courts look very unfavourably on owners who try to skirt those rules.

Sure, a lease says you're entitled to the remainder of the lease if the lessee breaks the contract, but if you think you're going to sue that out of a deadbeat you're mistaken, and you're going to waste a lot of time and money finding that out.

You have to look at being a landlord as a job. It takes a tremendous amount of diligence and ongoing work, and even then odds are you'll get a bad tenant sooner or later. When that happens, if you've played by the rules of the RTA and have the documentation to prove it, you can get a bad tenant out within 60 days, but it may cost you some time and money to do so. Sure, that sucks... but a good landlord comes across that once or twice in a career and it's a cost of doing business. There are shitty people in the world and we all get fucked over by one of them sooner or later.

Of the dozens of tenancy disputes and evictions I was involved with, exactly two were good, diligent landlords. The rest were bad landlords, and many of them got hit again and again.

A good landlord checks and re-checks refs - previous landlords, work, and personal references. Then they do diligence to make sure those references are real. They make sure they have good relationships with their tenants. They visit the residence regularly, keep up on maintenance, and respond quickly to problems reported by tenants. A good landlord maintains the home in the same condition she would if she were living there. A good landlord looks at their tenant as a business partner, and they know that good relationships are important in business. They know a good tenant when they find one, and do whatever they can to keep them.

Bad landlords do none of those things. They do shoddy reference checks, they don't visit the residence, they let maintenance slide, they don't respond promptly to tenant problems or complaints, they don't keep good records, they do shoddy repair work instead of hiring a professional. They think their job is done when they find a tenant and the rest is just collecting checks. They're like any bad business person, not willing to put in the work to be successful, and then when something inevitably goes south they act the victim. All the bad landlords had this in common; they saw tenants as enemies and they felt victimized by them, victimized by the RTA, victimized by the courts, the sheriffs, etc. etc. And like everyone with a victim mentality, they are somehow never able to accept responsibility for their own actions, or inaction.

OP, I'm not saying that's you... my point is just that being a landlord is hard work, and you have to treat it as such. If you can't see it as a job and craft, get out of the game, or hire a property management company. Just be careful if you do - there are good and bad property management companies. The good ones are worth every penny, the bad ones will bleed both you and the tenant and provide no service in return, and when they inevitably put a bad tenant in your suite, you'll be left holding the bag.
I have to agree ....... there are good and bad tenants as well as landlords...... some good landlords get brnt by bad tenants...and vise versa..... I have been on both sides of the fence..... as a tenant ....I always took care of the place as if it was my own..... and when I moved out...left it cleaner then when I found it... and of course had some great landlords...but also came across some of them coming in during the day when at work.... and God knows for what reason they were there...not that I had anything to hide but if I am going to pay some landlord $1200 or even $1500.... a month...... that should give me the right of privacy and be notified when they come for a visit.....

So as a landlord.... do your screening....ask the name of the company they work for... check the validity of existence of the said company.... and call them....simple... don't trust just any number or name as a fact..... anyone can pretend to be someone's boss..... I had a tenant trying to pull this shit on me.... but had no idea I knew the person which name he had given me as his boss... funny ....his supposedly boss worked for a friend of mine...

And as far as property management companies...... well... my word on this is... same ......some good and some bad....they are in it to make money..... so be prepared for all kind of fees and so on.....
If you do the necessary work required ...... you don't need a management company and you can achieve same result...
 

sybian

Well-known member
Dec 23, 2014
3,675
1,027
113
Kamloops B.C.
Property Management Companies work if the location your renting is far away from the place you frequent, or live...They also work good if your not used to being the bad-guy when things turn sour.
But your right, they know how to charge well for their services.
 

booblover

Well-known member
Apr 13, 2008
2,544
781
113
I do it a totally different way. I introduce them to my own personal eviction team. There is no Provincial tenancy acts etc to worry about. One time in a place I had in Kelowna I sent my TET (tenant eviction team) in to evict a drug dealing, pimp asshole tenant (he was a nice guy for a couple years but then got hooked up with a drug street ho and it went for shit in many ways). I did have to replace the front door as it was kicked in. It took all of about 30 mins for the team to extract the problem tenant and his friends and all their belongings. They knew much better then to call for help. If you are dealing with shitty tenants who try to hide behind the rules then step around them (the rules) when all else fails.
 
L

Larry Storch

^^^Risky/dangerous on so many levels I don't even know where to start.
 

booblover

Well-known member
Apr 13, 2008
2,544
781
113
Well haven't had a bad tenant since and that was 1998. I have 4 rental houses in Vancouver and never had to resort to using the team again...but they are always just a call away
 

yazoo

New member
Dec 10, 2011
544
0
0
I own now, but as a tenant in the past have had my share of landlords who were all too happy to accept payment, but not so clear on the concept of providing a well maintained space in return where privacy is respected. Some don't even recognise the space as your home, thinking it is still 'their' space. A tenant is grudgingly accepted as an inconvenience required to help them pay their over-extended mortgage, and should be invisible.

After a couple of private landlords, I switched to only renting in large apartment buildings, where the management are pro's. Although getting maintenance done was still sometimes a bit of a struggle, at least they followed the law. And I felt like I was in my own home, and not a guest in someone elses.
 
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