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This Issue: Landlord’s Right to Entry No. XXVI Anno MMIII Last month, during the sale of a residential dwelling I found one of the most cooperative Tenants, showings where allowed at any time. The month before I encountered a hostile one; it was always inconvenient for them to show the property or they would leave their answering devise on and never return the call. Both properties were showed and sold in a reasonable time, in the second case the Tenant quickly came to an understanding of the Landlord’s rights. Yet many Landlords have complained their Tenants do not allow them to show the property either for sale or rent and they are at a loss on how to handle this situation.
Under the current legislation the Landlord has the right to enter the rented dwelling. This right is not for unlimited access and to exercise it the Landlord: 1st ) must give the Tenant 24 hr. written notice; 2nd ) must specify the time he plans to enter the dwelling ; 3rd ) must enter the dwelling only during daylight hours. (The Act goes further in assuring that the Landlord can enter the dwelling without notification in cases such as: emergency; if the tenancy agreement requires the Landlord to enter the premises to clean the dwelling, this is usually applicable to rooming houses; if the Tenant agrees at time of entry to let the Landlord enter the dwelling without 24 hr. notice.)
It is because of the wording in the " Residential Tenancy Act" that many Landlords have difficulties in selling or re-renting their properties. This wording is not only designed to protect the Tenant from being disturbed continuously and unnecessarily from their Landlord but also to protect the Landlord’s right to show the property. The best way to insure the Landlord is guaranteed access of his property for showing, either for selling or renting, is to spell it out in a tenancy agreement before it is signed by both parties. If the Tenant refuses to show the property, especially if it was previously agreed in writing, he/she could be liable for damages suffered by the Landlord. Yet many times I have heard Landlords saying that they cannot show the property and some have even said that the Tenant has, without informing the Landlord, changed the lock to prevent him from entering the dwelling. Regardless of any agreement, either in writing or simply verbal, the alteration of locks by one party without the consent of the other is an offence punishable under the Residential Tenancy Act with a fine of up to $ 2,000.00. This is especially important in the case of apartments, in some instances even condominiums, where the superintended has a master for all the units. The Residential Tenancy Act was designed to protect both. When the rules are followed the relationship between the Landlord and Tenant is usually a pleasant one. Problems are usually created from poorly written contracts or when the Landlord, or his Agent, are not familiar with the Act, in this case any attempt to sale or rent the dwelling would be futile and the landlord is at the mercy of the Tenant. A properly written contract will insure a smooth transaction of ownership or of change of Tenants without adding additional headaches. Prevention is the name of the game. If in doubt give me a call.
This news flash is issued for general information and it is a brief of a complex topic. Readers are cautioned that the above may not deal with their specific situation and are advised to contact Antonio Iafolla to receive more information. Frustrated when renting your property?........ Confused on how to deal with Tenants?........ Thinking of selling?........ Looking for good Investment Properties, Residential or Commercial?......... Call us Now
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