Dealing with Terrible Tenants: Advice from a Real Estate Lawyer

Managing rental properties can be rewarding, but dealing with difficult tenants requires strategic actions. Here’s how to handle troublesome tenants with steps and tips from a real estate lawyer:

1. Screen Tenants Thoroughly

  • Advice: Before renting, perform background checks, including credit reports, references, and employment verification.
  • Steps:
    • Collect rental applications.
    • Conduct credit checks and background screenings.
    • Contact previous landlords and verify employment.
  • Benefit: Identifies reliable tenants and reduces potential issues.

2. Use a Strong Lease Agreement

  • Advice: Draft a comprehensive lease that outlines all rental terms and conditions.
  • Steps:
    • Include clauses for rent payment, maintenance responsibilities, and behavior standards.
    • Have both parties sign the lease agreement.
  • Benefit: Provides a legal framework to address issues.

3. Maintain Open Communication

  • Advice: Keep communication lines open and address tenant concerns promptly.
  • Steps:
    • Respond to tenant inquiries and maintenance requests quickly.
    • Document all communications in writing.
  • Benefit: Prevents minor issues from escalating.

4. Document Everything

  • Advice: Keep detailed records of all interactions, payments, and incidents.
  • Steps:
    • Maintain a log of all communications, including emails and texts.
    • Keep receipts and records of rent payments and repairs.
  • Benefit: Provides evidence if legal action is necessary.

5. Know Your Legal Rights

  • Advice: Understand Ontario’s landlord-tenant laws.
  • Steps:
    • Familiarize yourself with the Residential Tenancies Act.
    • Stay updated on any legal changes.
  • Benefit: Ensures appropriate actions and protects from legal issues.

6. Act Promptly on Issues

  • Advice: Address issues such as late payments or property damage immediately.
  • Steps:
    • Send written notices for late payments or violations.
    • Follow up with a phone call or in-person visit if necessary.
    • Keep copies of all notices sent.
  • Benefit: Prevents problems from worsening and shows seriousness about lease compliance.

7. Seek Professional Help

  • Advice: Consider hiring a property management company or consulting a real estate lawyer for persistent issues.
  • Steps:
    • Research and hire a reputable property management firm.
    • Consult a real estate lawyer for legal advice and potential eviction proceedings.
  • Benefit: Provides expert guidance and reduces stress.

Steps for Handling Trouble with Tenants:

  1. Issue a Warning: Send a formal warning letter outlining the issue and required actions.
  2. Serve a Notice: If the issue persists, serve a Notice to Terminate the tenancy in accordance with the Residential Tenancies Act.
  3. File with the Landlord and Tenant Board: If the tenant does not comply, file an application with the Landlord and Tenant Board for a hearing.
  4. Attend the Hearing: Present your case with all documentation and evidence.
  5. Eviction Order: If granted, the Board will issue an eviction order. Arrange for a sheriff to enforce the eviction if necessary.

By following these steps and tips, you can effectively manage difficult tenants and protect your investment. Always stay informed and prepared to handle any situation that arises.

Previous Post
Risks When Buying Investment Property in Ontario: Tips from a Real Estate Lawyer
Next Post
The Impact of Bad Tenants on Real Estate Investors in Canada