What a landlord needs to know
November 26, 2015
Knowing your rights as a landlord when setting up a basement suite or renting out the loft above your garage is not always as straight forward as you might think. There are ways to protect yourself and your tenant so both of you are aware of the rules and know what to expect.
Moving in
Residential tenancy agreements
Before a tenant moves in, the landlord and tenant need to agree to the terms of their business relationship in a contract called a residential tenancy agreement (RTA) or lease. This should be in writing so you have a failsafe should there be a problem.
There are two kinds of RTAs:
- Fixed term begins and ends on a specific date. No notice is required to end the tenancy by either landlord or tenant
- Periodic has a start date but no end date. Notice must be given to end tenancy
The security deposit
Security deposits, also known as damage deposits, are a normal requirement for landlords. There are some rules to keep in mind:
- Deposit cannot be more than one month’s rent at the time of tenancy and can’t be increased afterward if you increase the rent
- Landlords must deposit all security deposits in an interest-bearing trust account
- Landlords will be required to pay interest on the damage deposit if it is not used
During tenancy
Responsibilities of landlords
Landlords must allow a tenant to live harassment-free. This means you can’t bother them for reasons that are outside of normal landlord business. You must also ensure the rental unit is maintained and livable, for example, no bed bugs and heat is working.
A landlord’s right to enter rental premises
You can enter the rental unit at any time with the tenant’s consent. To enter without their consent, you must:
- have reason to believe there is an emergency
- have reason to believe the tenant has abandoned the rental premises
- have given the tenant written notice at least 24 hours before going in
Moving out
Move-in and move-out inspection reports
Landlords and tenants must complete a move-in and move-out inspection report that includes a written record of the unit’s condition, including any scratches or burns. Landlords and tenants should complete the reports together.
Photos by: Expert Landlord Insurance, His Masters Legal Services Professional Corporation, Missions Hub, Universal Settlement Services of PA
About Greg Donnelly
Greg Donnelly is a former broadcast journalist and TV producer who now does freelance writing while doing his main job of being a stay at home dad to his two daughters. Greg grew up in St. Albert and now lives in central Edmonton. He has also lived in Calgary and throughout northern B.C. When he does get some free time it is usually spent watching sports.