Toronto Income Property Newsletter: December 2015

I often talk about the obligations landlords have to their tenants and describe ways to keep your income property in the best possible shape and condition. Keeping a good relationship with the tenants is very important as well. There are some cases where the landlord and tenant may not agree on something that isn’t directly addressed in the lease. There are a few misconceptions that I have experienced on several landlord/tenant issues that I would like to clear up here.

Snow Removal & Garden Maintenance

Unless snow removal, grass cutting and overall property maintenance are mentioned in the lease, these items are all the landlord’s responsibility. Some tenants take care of these jobs but they are not obligated to do so. The best policy is to have a clause in the lease that sets out in detail who is responsible for what.

Pets

Some landlords think that they can ask a tenant to leave if they get a pet, especially if there is a “no pet” clause in the lease. The reality is that you only have to get rid of a pet if it is dangerous, causes allergic reactions or causes problems for other tenants or the landlord. “No pet” clauses are invalid under Ontario law. If a tenant is keeping a dangerous pet on the premises, that could be a basis for eviction through the landlord/tenant board.

Landlord Entry

Can a landlord enter the rental suite at any time? The answer is only in the case of an emergency, such as a fire or medical predicament. Otherwise the landlord has to give the tenant at least 24 hours notice to get in. A landlord should not expect to be granted access before 8:00 a.m. or after 8:00 p.m.

Heating Guidelines

The minimum temperatures that a building should be kept at are set under municipal bylaws. If the tenant is not the cause for the cold temperatures, such as by keeping windows open, or setting a thermostat to a lower temperature, then the landlord has a responsibility to maintain a minimum temperature of 21 degrees. If the landlord is not meeting the minimums, a tenant can complain to the city's Building and Inspections department or your city councillor. I often see thermostats blocked off so that the tenants cannot lower the temperature.

Repairs

Over time plumbing fixtures, lighting, appliances and other items within the rental unit are going to break or wear out. The upkeep of these items are usually the landlord’s responsibility unless otherwise directed in the lease. Do not leave things that need to be repaired unattended to because the problem can get worse. If you are quick to respond, you will maintain a strong quality relationship with your tenants.