CHAPTER 8: THINGS TO CONSIDER

There are some things you will need to keep in mind before and during the lease of your rental property.

Pets

Landlords cannot evict tenants for having a pet; however, they can refuse to rent to a tenant who has pets in the first place. Note: Service animals are not considered pets.

Right to Access/Enter the Property

Generally, landlords have the right to enter the rental property as long as the tenant is given 24 hours written notice. In certain situations, such as in an emergency, a landlord may enter without such notice or if you give consent to enter. If you are listing the property for rent because your tenant is moving out, you also have the right to show the property provided you give sufficient notice as per LTB guidelines. Generally, we suggest 24 hours notice, but this is not required in all situations.

I want to move back in

You may not move back into your rental property during the term of the lease. You must wait until the lease ends unless both you and the tenant agree to terminate the lease early. If the tenant is on a month-to-month lease, you may provide sixty (60) days written notice (counting from the 1^st of the upcoming month) to the tenant informing them that you are moving back into the rental property. Note: you or an immediate family member must occupy the unit. You cannot give notice to a tenant to allow someone else to move in. As of September 1^st, 2017, landlords must also compensate tenants by either giving the tenant the equivalent of one month’s rent or offering the tenant another unit that the tenant accepts.

Liability insurance

You may make it a condition of your lease that your tenant obtains liability insurance. This insurance policy covers the cost of repairing or replacing property that has been damaged by the tenant that belongs to you. It also covers the tenant in the event a claim is made against them involving bodily injury to others at the home. The tenant is responsible for the insurance premium. If you decide to make this a condition of the lease, you should request a copy of proof of coverage from your tenant.

Content insurance

As a landlord, you most likely have a homeowner’s insurance policy on the rental property. Do note that your homeowner’s policy does not cover the cost of repairing or replacing the tenant’s personal belongings. It is therefore important you advise your tenant that your policy does not cover their belongings and encourage them to obtain their own coverage, called a content insurance policy (or renters insurance policy). The tenant is responsible for the insurance premium.

Note:

• Tenants can often bundle both liability and content insurance into one insurance policy, often called ‘tenant’s insurance’.
• The law does not require a tenant to have tenant insurance and a landlord cannot force a tenant to get it. However, if a tenant agreed to get tenant insurance as part of the lease agreement and then they don’t do it, the landlord could give the tenant a notice to terminate the tenancy and then file an application with the LTB for eviction.

Take photos of the condition of the property

It’s a good idea to take photos of the condition of the property before your tenant moves in. Having photos will help you claim damages against a tenant when they move out in the event they have significantly damaged property or there are excessive wear and tear. Ensure you take high-quality photos that are time and date stamped. Keep a copy of these photos in a safe place for your reference and send a copy of the photos to your tenant for their reference.