So You Are Going To Be A Tenant

[dinosaur]

You have decided to move out and rent. You have heard horror stories from your friends and family, have seen news clips of slumlords ruining peoples’ lives, read about bed bugs, and are scared that some dude is going to steal your money. It happens, but not as often as you think and there are some real easy ways to avoid all of it.

THE SEARCH
You most likely start your search on Craigslist, because let’s face it, there really isn’t anywhere else. You want to look for an ad that provides picture, what is included, what it is close to, price, size, requirements, etc. Don’t waste your time looking at ads without photos (there is a reason they did not take pictures), avoid ads that do not provide a phone number, and avoid ads that will not tell you the price. Don’t email, call…but call within normal business hours (8am to 6pm). I say don’t email because people rarely respond to emails and you will want to have a verbal conversation with the manager/landlord/owner to make sure it is legit. There are a lot of fake ads online that will try and take your money. This should go without saying, but never send your security deposit via Western Union without ever seeing the place.

Make an appointment to see it. Do not expect to be able to view it within minutes or even hours of your call. Landlords need to give the current tenant proper notice. If you are going to be late, call. If you are not going to show, call (bad karma to all those who don’t). Present yourself well. Shake hands and introduce yourself properly to make a good impression. You don’t need to kiss ass or anything, but you are an adult so you should act like one.
You should ask questions and confirm the information on the ad. Make sure that everything the ad said was included IS actually included (heat, hot water, power, parking, cable, internet, etc.). If you are seeing several rental units, you may want to take notes and/or take pictures. Most of the time the unit will be occupied so understand that it may not be in the best condition, it may be messy, the furniture may be ugly, they may be in the middle of packing so it could be chaotic – You will need to look past this and if you are concerned about the condition, don’t be afraid to ask about it. It is okay to confirm that carpets will be cleaned or inquire if it is going to be painted, etc. A good landlord will be open and will not have a problem with your questions. Don’t forget to ask about laundry facilities and the cost, lease terms, location of parking, what the neighbours are like, if there have been problems with drugs, parties, etc.

You should also ask about bed bugs. Bed bugs are an epidemic that happens everywhere….low income housing to the most expensive hotels. People can pick them up on transit, in movie theatres, hotels, friends’ houses, coat-check rooms, libraries, etc. It can be unavoidable and just because a building has had them in the past, it does not mean you should avoid it. If you have decided to move to an apartment or condo building, it is likely that at some point there has been a bed bug problem but it is all about how it was dealt with. They can be treat and they can be eradicated IF it is dealt with properly. It isn’t cheap and it isn’t easy but good owners/managers/landlords will do everything in their power to solve the issue. Check out Bed Bug Registry - Check Apartments and Hotels Across North America. If you get a hit with the address you searched, read the comments and make note of the date it was reported. A good landlord will tell you before you even need to look it up.

If, at any time, the landlord/owner demands cash to "hold" the property for you, DON'T! Never ever hand over cash without a receipt, is it seems sketchy, if the deal is too good to be true, or if it is more that what the Act says is acceptable.

APPLYING AND SIGNING A TENANCY AGREEMENT
When you have found a place you like, don’t drag your feet. Good places go fast which is why you should start your search as soon as you can. Towards the end of the month, rental properties become less than desirable and the last thing you want is to have to take a place because it is the only one left.
Fill out the application to the best of your ability. Not everyone can remember the postal code from the place you lived 5 years ago. Provide reference, work information, school information, emergency contact information, SIN, addresses, full name, birth date, and phone numbers. Your friends and family will tell you never to give out your SIN, but you will need to. Some managers will ask you to provide the security deposit with the application. This is not rare and IS allowed by the tenancy branch. What is NOT allowed is an application fee. Never pay an application fee. If your application is denied, you will receive your deposit back.

Once approved, you should sign a Residential Tenancy Agreement. This is imperative and you should NEVER rent a place without one. This agreement protects you and will be your ‘go-to’ if things turn sour. If you do not sign a tenancy agreement, you are asking for trouble and if a landlord is not requiring you to sign one, you should walk away. Fast.

Before you sign the agreement, read it. It is a legally binding contract and you need to be aware of what it says. You need to know and understand your rights and responsibilities as a tenant. Once you understand, sign the agreement and make sure you get a copy.

Things you should know:
-Your deposit is no more than ½ of your rent. Same with your pet deposit, if applicable.
-You are not required to pay more than one month of rent at a time. It is better to pay by cheque than cash for safety.
-Don’t forget to do a condition report before you move into the rental property. This will protect you when you move.

DURING YOUR TENANCY
Your tenancy agreement and the BC Residential Tenancy Branch is a helpful and FREE source of information. At any time during your tenancy, if you have a question or concern, you can look up or call them for help. You need to protect yourself and you need to know your rights. Furthermore, there are several part of the Tenancy Act that you need to know to keep your tenancy in good standing:

-Rent is due on the 1st and always the 1st. If you are late, this is your problem, not the manager’s and be prepared to face the consequences.
-You are required to keep your place in a reasonably good condition free of garbage and other things that can attract pests and/or create damage.
-You are not allowed to adversely affect your neighbours or common space.
-You are not allowed to have a guest stay for more than 14 consecutive nights without permission and consequently, you are responsible for your guests’ behavior and any damage they may cause.
-Failure to abide by the agreed upon tenancy agreement can result in an eviction and possible financial loss for you.
-You are responsible for replacing light bulbs, fuses and informing your landlord of any maintenance issues.
-You do not have the right to refuse the landlord entry if you have been provided with a minimum of 24 hours’ notice.

All this information if clearly laid out on the Branch website and you should know it. There is no excuse to be a victim of a slumlord. Most landlords/managers/owners are nice normal people who want nothing more than for you to maintain a good tenancy and stay long term. Try and have a courteous relationship with your manager and understand that they are just doing their job. Don’t badger them with menial issues, don’t complain about a suite that you moved into as it was your choice, respect your neighbours and at the same time understand that communal living requires patience. You will hear your neighbour’s tv sometime….and they will hear yours. This is not reason to lose your mind.

All that being said, if you have an issue and you are not being heard or it is not being dealt with in a timely manner (whether it be a maintenance issue or a neighbour issue), you should file a dispute resolution with the Tenancy Branch. You have the right to enjoy your residence free from disturbances. It is the responsibility of the landlord to provide a safe, healthy, and clean environment.

ENDING YOUR TENANCY
Instructions as to how to end your tenancy will be found on the Tenancy branch website. If you do not want to be responsible for another month’s rent, I suggest understand what you responsibilities are.

Things to know:
-Notice to end your tenancy must be give the day before the 1st.
-You can not give notice for the 15th.
-You are responsible for cleaning and you will be financially responsible should you fail to do it well.
-If you stay for more than 12 months, you are required to have carpets professionally cleaned whether you think they were done prior to your moving in or not.
-Understand that your landlord will be showing you suite to potential tenants. Don’t be a dick about it.

If you have been given an eviction notice and you think it is wrong, you should fight it. Do not be a victim to bad landlords. You have the right to file a dispute resolution that may reward you financially. You can be compensated for damages to your belongings, you can be compensated if your landlord enters your suite illegally, and you can be compensated if you move and your landlord does not return your deposit in within 15 days of you providing a forwarding address unless otherwise agreed upon. If you have left the rental property in an approved condition, cleared you belongings, returned keys, paid utilities, and provided a forwarding address, your landlord has 15 days to return your deposit. If this does not happen, you are twice the amount back. Get it. It is yours.


Again I say, know your rights. Work with your landlord, not against him/her. It is a good thing to have a good relationship because you may need a favour one day. Maybe someone to water your plants or collect your mail when you are away, or let you in late at night when you have locked yourself out, or need a reference, etc. If you are a good tenant who has always paid rent on time, but something came up that was no fault of your own, just talk to your landlord. Things happen and they understand that. Don’t make them hunt you down. Tell them as soon as you know there will be a problem, because 9 times out of 10, it won’t be a problem. Put your garbage IN the bin, not next to it, don’t flick your cigarette butts on the property, remember you have neighbours who don’t want to hear you party every weekend, and don’t think that you know more about the tenancy act that the landlord does.