One of the most important parts of being a landlord is dealing with tenants. From the beginning of your relationship with them, your regulations and expectations should be covered in a tenancy agreement backed by Alberta laws. If tenants violate significant areas of your agreement, you may need to evict them. Here is an outline of the major portions of a rental agreement, as well as steps that can be taken toward eviction.
According to Calgary Residential Rental Association president Gerry Baxter, landlords need to review lease agreements with potential tenants in a personal meeting. Baxter said that most tenants do not bother to read the agreement, so you need to ensure that every aspect of the document is understood and agreed to by the tenant. The renter must actually sign the agreement, so you are legally covered in case the tenant claims to be unaware of the conditions of his or her lease,
The CRRA makes a boilerplate lease agreement available to member landlords, but there are additional lease components that may be added. For example, if you do not want smoking in your property, you must add a clause to the agreement. If you wish to prohibit pets, or limit pets to certain breeds or weights, you must also include the appropriate language in the agreement.
Should you discover that your property reeks of cigarette smoke, or has been damaged by your tenant’s large dog, you can terminate the tenancy. You can make an application to the Residential Tenancy Dispute Resolution Service, an organization whose sole purpose is to settle tenant problems. The RTDRS has the quasi-judicial power to enforce decisions on claims with a value to $25,000.
For potentially damaging conditions such as permitting pets or smoking on your property, Alberta law allows you to impose a fee, non-refundable, that is equal to one month’s rent. This fee may be imposed in addition to your agreement’s damage deposit. This deposit also equals one month’s rent.
There is a quick resolution available if you have a tenant that causes serious trouble. Should the tenant incur significant damage to your property, or if he or she physically attacks you or another person, you have the option to serve the tenant with a 24-hour notice of eviction. To be effective, the notice will have to be in writing and you or your agent must sign it. The notice must provide the reason why the eviction is taking place, and it must contain the exact date and time that the eviction will occur.
For offences that are more minor yet still significant, you can evict the tenant by going to the RTDRS or to court, and have the tenant served with a two-week notice of eviction. This notice must contain the same information that is part of the more immediate notice. Although an eviction can take place, a tenant may be able to appeal the eviction. Should this happen, you must provide documentation of the violations and complaints that have occurred. Lease agreement copies as well as the affidavit must also be filed.
There may still be delays in forcing out undesirable tenants, however. If a tenant appeals the 14-day notice, the case must be heard in court. Even if you win against the tenant, the tenant may decide, however incorrectly, to remain in your property. Again, you will have to go to court to obtain an order of possession. When the order is served upon the tenant, the tenant has another two weeks in which to pack up and depart. It is suggested that if you must get an order of possession in court, you should also obtain a judgment against the tenant for any back rent owed, as well as legal fees you incurred in evicting him or her.
Shaun Colbrait – Real Estate In Calgary
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