Landlord responsibilities and importance of a rental agent

While a rental property can be a rewarding investment, it comes with significant obligations, responsibilities and compliance with various Acts. These include the Rental Housing Act (RHA), Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE Act), Consumer Protection Act (CPA), and the Property Practitioners Act (PPA), each dealing with different aspects.

Briefly, these include:

#1 Maintain a habitable property. Landlords must provide and maintain a property which is fit for human habitation. This means ensuring the structure is sound, and all essential services such as plumbing and electricity are in good working order. Defects which could pose a health or safety risk as well as maintenance issues which affect the tenant's enjoyment of the property must be attended to promptly.

#2 Handle deposits correctly. It is legally required that the tenant's security deposit is invested in an interest-bearing account for the duration of the lease period, separate from personal funds. At the end of the lease, the deposit with accrued interest, but net of reasonable costs for damages beyond normal wear and tear (with proper proof and receipts), must be returned to the tenant within a specified timeframe.

#3 Respect tenant privacy. Aside from the incoming and outgoing inspections, periodic inspections may be required to ensure all is well with the property. Tenants are, however, entitled to undisturbed use and enjoyment of the property. Except in emergencies, landlords therefore need tenant permission with reasonable notice. Tenants are required to provide entry with such notice.

#4 Provide a clear lease agreement. While verbal agreements can be valid, a written lease is highly recommended. It should clearly outline the rent amount, payment dates, duration of the lease, termination arrangements (including notice and penalties), and landlord and tenant responsibilities covering general conduct, and maintenance and repairs. This helps prevent misunderstandings and disputes.

#5 Adhere to legal processes. Should issues arise, such as late rent payments or breaches of the lease, due legal process must be followed. This includes providing proper written notices and, if necessary, approaching the Rental Housing Tribunal or seeking a court order for more serious matters such as eviction. Landlords may not resort to illegal actions such as cutting off utilities or changing locks.

Navigating these obligations and legal complexities can be time-consuming. That is where the services of a professional rental agent become invaluable. Seeff's experienced team understands the intricacies of rental laws and compliance matters. We assist clients with everything from tenant screening and lease agreements to rent collection, financial and deposit management, and maintenance coordination, thus enabling landlords to leverage maximum returns on their rental investments. If you would like to know more, contact us today!

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