Residential Tenancy Agreement "Addendums"

[Acura604]

OK..so my suite is ready for a new tenant and most likely will be rented out by end of this upcoming weekend.. what I want to do is, aside from providing the tenant with the standard RTA, i would also like them to sign a secondary agreement outlining terms of the rental.. nothing harsh but along the lines of:

1. There are to be no pets permitted within this rental unit. NO exceptions.

2. There is to be NO smoking / drug activity within this rental unit. NO exceptions.

3. Please notify landlord of any guests staying longer than 24hrs.


... conclude with something like "failure to adhere to these conditions may result in eviction".

...what other 'reasonable' clauses can be added for landlord protection? and/or terminology?

[6793026]

yes you can have a no smoking one.. but that's being a huge nazi and I don't like to do that. No pets is ok. It's not uncommon.

The last one is a bit of a nazi, and even though it's not against the law cause you're only asking them to inform you and not restricting them, but you're being a huge landlord nazi...

The law states
A landlord cannot:
»» Unreasonably restrict access
»» Make rules that would limit a person’s ability to enter the rental unit
»» Charge a fee for overnight guests
»» Make rules such as “no guests after 10 p.m.” or “no overnight guests”

Do you want your tenant to call you every freaking time they want a gf to stay over and getting laid so she wants to stay over for longer than 24 hours?

There are a lot of grey areas. I'm still learning, but i'll give you an example:

For example, it may be illegal to smoke a single marijuana cigarette. However, unless doing so has a significant impact on other occupants or the landlord's property, the mere smoking of the marijuana cigarette would not meet the test of an illegal activity which would justify termination of the tenancy.

[Gridlock]

That is all true...and the weed thing pisses me off. Some days all I feel that I do is chase down that smell.

The addendum we use is "worst case scenario". It comes across like a nazi, I know, but we ease way back on its enforcement UNLESS its needed.

This is the text of the addendum I use:


1. LIQUIDATED DAMAGES:
If the Tenant terminates the tenancy, or is in breach of the Residential Tenancy Act or a material term of this agreement that causes the Landlord to terminate the tenancy in less than 12 months upon signing the agreement. The Tenant will pay to the Landlord the sum of $ as liquidated damages and not as a penalty. Liquidated damages are an agreed pre-estimate of the Landlord’s costs such as advertising, interviewing, administration of re-renting the rental unit and must be paid in addition to any other amounts owed by the Tenant, such as unpaid rent or for damage to the rental unit or property.

2. ARREARS:
Late payments, returned and non-sufficient cheques (NSF) are subject to a minimum service charge of $25.00 each. All future payments must be made by money order or certified cheque.

3. FINAL ELECTRIC UTILITY BILL AT THE END OF TENANCY:
The final electrical bill, if not paid in full by the tenant will be automatically deducted from the security deposit.

4. PETS:
Unless specifically permitted in writing in advance by the Landlord, the Tenant must not keep or allow any animals or pets, domestic or wild, fur bearing or otherwise in the residential property. Having regard to the enjoyment, quiet possession and health requirements of other occupants in the property, as well as the nature of the property, the Tenant will not encourage or feed wild birds or animals at or near the residential property.

5. SMOKING:
The Tenant and guests of the Tenant agrees that this is a non-smoking property and smoking of tobacco products must be conducted outside the property.

THERE IS A ZERO TOLERANCE FOR THE USE OF ILLEGAL DRUGS OF ANY KIND(INCLUSIVE OF MARIJUANA) ANYWHERE ON OR NEAR BUILDING PROPERTY

6. CONDUCT:
In order to promote the safety, enjoyment and comfort of other occupants of the property, the Tenant and the Tenant’s guests must not disturb, harass or annoy another occupant of the property or a neighbour. In addition, noise or behaviours, which in the reasonable opinion of the Landlord or its agents may disturb the comfort of any occupant of the property or other person, must not be made by tenant or the tenant’s guests. The uses of illegal drugs of any kind are not tolerated at any time, or any location in the property.

7. MODIFICATIONS:

Painting of the rental unit is expressly forbidden without written consent of the landlord/landlord’s agent. Modifications to the unit(ie. TV mounting to the wall, brackets, shelves and other items that damage the walls beyond a nail hole) are forbidden without landlord/landlord’s agent’s verbal consent.

[Gridlock]

i have a copy of the application I can e-mail to you, if you don't have your own.

[dinosaur]

In regards to guests....6793026 pointed out above, you can not restrict access to tenants' guests. However, tenants are required to get permission if a guest is staying 14 or more days.

[CA_FTW]

I dont understand why it matters if a guest stays over.. how does that effect me as a Land lord.. does it some how magicly make my mortgage go up?


I dont allow smoking in my place either.. just cause once the house has been smoked in, its hard to get that smell out.. it lives there forever.. however if they want to smoke on the patio thats fine.

[dinosaur]

Originally Posted by CA_FTW

I dont understand why it matters if a guest stays over.. how does that effect me as a Land lord.. does it some how magicly make my mortgage go up?


I dont allow smoking in my place either.. just cause once the house has been smoked in, its hard to get that smell out.. it lives there forever.. however if they want to smoke on the patio thats fine.

It doesn't and it shouldn't....unless that guest begins to stay more often and potentially movie in (ie. gf/bf).

We just had a case exactly like this....Grid is going to update the Rental Horror Stories thread shortly, but ill give you the coles-notes version:

Tenant has seedy bf. Bf has been regular visitor to the building for a few years. Last year we notice he has his own set of keys. A few weeks after that, we receive anon letter telling us that 5 years ago he would hang around the building and shoot heroin in the laundry room and stairwell. Clearly this is a problem. You can read the rest on the thread.

Over night quests are frequent and not a problem in regular situations but they can easily get out of hand.

-more people=more noise
-extra sets of keys can lead to security issues
-some places are rented based on occupant (this is an archaic way of doing things, but it happens)
-it can be difficult to enforce the rules of the RTA on someone you do not have an agreement with.
-this person may not be a desirable tenant (ie. you would never rent to him/her if given the chance).

Having to get approval for guests who stay 14+ nights gives you the opportunity to discuss with your tenant the rules and regulations of guests and and procedures that you require should this person eventually move in.

[Acura604]

hmmm, down to 2 candidates:

1. 16yr old smoker female living on her own and having her rent paid by ministry of services. She admitted smoking habit but said she would keep it away from the suite. From what I can understand, i think she's an orphan? no family here in BC? so a govt agency pays her rent up to age 19.. .anyone have any experience on this?

2. young couple.. male/female. late 20s/early 30s is my guess. the male mentioned that the female has some sort of 'early birth' syndrome? she seemed very quiet and such. both are working full time.

anyways, they both want it so i have to decide today. any thoughts? i'd love to have just 1 person but she's 16 ...cant imagine they learn any sort of responsiblity at that age?!

[Bonka]

We have rented to younger people in the past, one also used a government allowance to cover her rent. In the end I would pass on these types of renters, especially if they don't work.

Also, even when a renter admits to their smoking habit and PROMISES NOT TO SMOKE IN YOUR SUITE, in reality that is likely a load of shit (past experience). Even if they didn't smoke inside, the smell tends to permeate itself. I don't know what's worse, the actual smell of smoke itself or the mix of Febreeze or other scented aerosol trying to cover up second hand smoke stank.

Go with the professional couple. Did you check their references?

[dinosaur]

Yes. I have 2 ministry cases in 2 different buildings who are both 16-17.

Its good and bad.

Good:
-rent is never a problem. the ministry will usually send the cheque directly to you.
-you will be able to be in contact with her social worker should there be a problem.
-they have their owe specific rules they have to follow from the ministry (re: over night guests, long-term guests, etc.)

Bad:
-legally you can not sign a contract with an individual under the age of 18. this could potentially be damaging should a problem ever arise during the tenancy.
-should there be a problem and there is cause for eviction, you are fighting the ministry, not the individual.
-once they turn 18, the money stops and all support is lost. they can apply for social assistance, but there is no grace-period and it becomes the responsibility of that person to make sure they are covered.
-being young can be a concern. yes, these problems can happen at any age, but lets face it...you are more likely to bend or break the rules at 16. Loud music, guests, smoking, friends, not cleaning, etc....in both cases I have, this is a problem.
-they tend to be home more often. school is 9-3...it is summer now....it is rare that these kids go out and get jobs during the summer as there is no need.
-ministry only covers rent upto $800/month. if you plan to increase their rent during their tenancy, this may become and issue.

All of this being said, they are not the worst tenants I have dealt with. Would I rent to someone in this situation again? probably not.

Renting to anyone is a risk...that risk is made bigger then it is your personal property. It you have totally vetted the couple (references, credit checks, etc) and everything came back fine or good, I would go with them.

Should a problem arise, you will have a better chance evicting them, then a 16 yo girl under the care and support of the ministry.

Don't focus on how many people will live in the suite (1 or 2). With 2 people the mode of income is higher...the probability of cleaning is higher....and the likelyhood that they will stay longer is better. When you rent to a single, you need to think about them dating....bf/gf moving in or them moving out.

IMO, I would go with the couple.

[6793026]

I ALWAYS rent it to the couple; both have jobs, both can support each other when shit happens. Good luck trying to chase after gov't for any issues. I don't wnat to be bias but the steady rent check is decent also and you'll be doing a good cause.

just make sure you do a 1, 3, 6 month inspection

[6793026]

i just got off another tenancy call and I'm off to garnish someone's salary. FYI, for those of you who wants to protect yourself, please make sure you document everything!

[Acura604]

Thanks all.. suite has been rented to the young couple. paperwork completed/docs signed/addendum agreed to.

[Manic!]

Originally Posted by dinosaur

It doesn't and it shouldn't....unless that guest begins to stay more often and potentially movie in (ie. gf/bf).

We just had a case exactly like this....Grid is going to update the Rental Horror Stories thread shortly, but ill give you the coles-notes version:

Tenant has seedy bf. Bf has been regular visitor to the building for a few years. Last year we notice he has his own set of keys. A few weeks after that, we receive anon letter telling us that 5 years ago he would hang around the building and shoot heroin in the laundry room and stairwell. Clearly this is a problem. You can read the rest on the thread.

Over night quests are frequent and not a problem in regular situations but they can easily get out of hand.

-more people=more noise
-extra sets of keys can lead to security issues
-some places are rented based on occupant (this is an archaic way of doing things, but it happens)
-it can be difficult to enforce the rules of the RTA on someone you do not have an agreement with.
-this person may not be a desirable tenant (ie. you would never rent to him/her if given the chance).

Having to get approval for guests who stay 14+ nights gives you the opportunity to discuss with your tenant the rules and regulations of guests and and procedures that you require should this person eventually move in.

It's always the loser BF that's a problem. Had a tenant go from working at Staples to being evicted and get caught trying to rob a 7-11.

[dinosaur]

^ VERY true!

One of them right now has a disgusting bf....she is 17....he is about 28.

[xerograv]

I'm relatively new to vancouver, whats the deal with no pets everywhere? I had 2 cats for years, and never had any issues with them, but here it seems like everyone has a hard on hate for them. It was a nightmare trying to find a place that'd allow for a cat, I found one though, but damn.

[dinosaur]

Originally Posted by xerograv

I'm relatively new to vancouver, whats the deal with no pets everywhere? I had 2 cats for years, and never had any issues with them, but here it seems like everyone has a hard on hate for them. It was a nightmare trying to find a place that'd allow for a cat, I found one though, but damn.

Yes, unlike other provinces, BC does allow owners to discriminate when it comes to pets.

It is easier to find apts that allow pets the farther you move away from Van (burnaby, coquitlam, new west, surrey, etc). The demand for rental properties in Van is VERY high so most landlords/owners don't feel the need to be flexible...